DOJ - Prohibited Persons

[ChuckDizzle]

Really? But I didn't 'enter' any program. It's an anonymous meeting. People just show up. No names given, no questions asked. It was almost like a community support program. Nothing formal about it and definitely no record keeping.

If it is on the terms of your probation it is part of the public record. Your lawyer should have warned you that by entering a program for a reduced sentence the law considers you addicted to alcohol. If you weren't addicted to alcohol there is no reason to consider a mitigating circumstance to your crime that would be better served by rehabilitative (AA) methods than punitive (jail or fines).

[golfish]

Question for any of you know who are familiar with the topic - I excitedly purchased a new .308 8 days ago. Yesterday, I receive a call from my FFL and he tells me that my background check didn't go through. Something about me being a prohibited person. I am not a felon and I don't have any violent crime misdemeanors.

I was convicted of a DUI misdemeanor about 18 months ago, but that shouldn't preclude me from owning or purchasing FAs. I'm on 3 year summary probation but my probation is silent on owning or purchasing FAs. DMV did however require that I get a breathalyzer installed in my car and my drivers license is 'conditional.' I can drive, provided the condition that I have a breathalyzer installed in my vehicle. I spoke to the DOJ earlier today and they told me to wait 2 weeks until I receive notice in the mail outlining the cause for denial. They also told me that the only thing they (being the DOJ) do with my drivers license is cross reference it with the DMV to determine whether or not it was 'valid' (whatever that means). Is it possible that because my drivers license is currently conditional, that DMV didn't issue a 'valid' response to the DOJ? Any answers are quite appreciated.

OP, you should wait until you heard from the DOJ before going off half cocked and telling everybody about your DUI. Just wait for the DOJ

[JDay]

Really? Despite the fact that my probation makes no mention on the ownership/purchasing of firearms?

Your terms include AA meetings. That means you are in treatment for alcoholism.

[PMA]

If it is on the terms of your probation it is part of the public record. Your lawyer should have warned you that by entering a program for a reduced sentence the law considers you addicted to alcohol. If you weren't addicted to alcohol there is no reason to consider a mitigating circumstance to your crime that would be better served by rehabilitative (AA) methods than punitive (jail or fines).

Nobody entered a program for a reduced sentence. AA isn't attended in lieu of fines. Do you not know anybody who has received a DUI? All DUI offenders are 'required' to attend a certain number of AA classes. I personally know people who have been charged with DUIs in the past and have had no problems with the DROS process.

[JDay]

Nobody entered a program for a reduced sentence. AA isn't attended in lieu of fines. Do you not know anybody who has received a DUI? All DUI offenders are 'required' to attend a certain number of AA classes. I personally know people who have been charged with DUIs in the past and have had no problems with the DROS process.

I know several people who have been convicted of dui and not one of them was required to attend mandatory AA meetings.

[LowThudd]

Do you have a restraining order on you? Even a TRO will cause you to be prohibited.

[PMA]

I know several people who have been convicted of dui and not one of them was required to attend mandatory AA meetings.

In what county/state? What year?

[PMA]

Do you have a restraining order on you? Even a TRO will cause you to be prohibited.

No. Nothing. Never been in trouble with the law expect for this one hiccup. No restraining orders, nothing.

[ChuckDizzle]

I know several people who have been convicted of dui and not one of them was required to attend mandatory AA meetings.

This.

[PMA]

Your terms include AA meetings. That means you are in treatment for alcoholism.

Let's assuming that you are correct and that the DOJ interprets the terms of my probation as I'm in treatment for alcohol. Alcoholism is still not a prohibited category. Narcotics addiction is, but there's no mention of alcoholism.

[ChuckDizzle]

The good news PMA if you completed the meetings requirement, and the conviction was really that long ago, you won't be considered addicted to alcohol under the law much longer.

I'm going from hazy memory from school more than a couple years ago, but I thought 18-24 months after the completion of the program and no other incidents on your record you can answer accurate answer "no" to the question about alcohol addiction.

[JDay]

In what county/state? What year?

Doesn't matter. You claimed that all DUI convictions come with mandatory AA, and that's just not true.

[LowThudd]

Let's assuming that you are correct and that the DOJ interprets the terms of my probation as I'm in treatment for alcohol. Alcoholism is still not a prohibited category. Narcotics addiction is, but there's no mention of alcoholism.

It actually does state in the 4473 "Addicted to any depressants", and that does include alcohol.

https://www.atf.gov/file/61446/download

[Win231]

Thanks for the response. No drinking issues here. Was simply at the wrong place at the wrong time. You get a breathalyzer on your first DUI is Los Angeles county. They've rolled out a pilot program, requiring all DUI offenders (whether it be your 1st or 7th) to install a breathalyzer.

As a motorist, I'm glad they do.

[CSACANNONEER]

Thanks for the response. No drinking issues here. Was simply at the wrong place at the wrong time. You get a breathalyzer on your first DUI is Los Angeles county. They've rolled out a pilot program, requiring all DUI offenders (whether it be your 1st or 7th) to install a breathalyzer.

Yea, like being behind the wheel when intoxicated. Sorry, but you are in denial and trying to blame your irresponsible behavior on being "at the wrong place at the wrong time". I'm not trying to criticize or belittle you. You just need help and you won't get help until you recognize the fact that you need help.

I personally know people who have been charged with DUIs in the past and have had no problems with the DROS process.

Where they still on active probation? Also, it could be nothing more than a mistaken identity. DOJ, under Harris, has gone way overboard requiring that anybody in question get a livescan done to prove that he/she is not a prohibited person. It's quite possible that your irresponsible and dangerous actions have nothing to do with being denied. Just wait for the letter and, while you are waiting, do a little soul searching.

BTW, you're lucky you were caught by a LEO. My mom, sister and niece were hit by someone "at the wrong place at the wrong time" once. He did his time and was out walking the streets before my mother had learned to walk again. So, if someone like me had found you "at the wrong place at the wrong time", you might not have been lucky enough to drive again, period. Please, please, realize that you do need help taking responsibility for your actions and then, get the help you need.