DOJ - Prohibited Persons

[CSACANNONEER]

I don't owe the state any money. I do have a fix it ticket that needs to be signed and mailed to court, but I can't see the DOJ prohibiting a purchase over a fix it ticket.

How long have you been procrastinating about it? I wouldn't put it past Kamala's DOJ to prohibit you until it's taken care of.

[LowThudd]

A misdemeanor DUI could be a 20 year old blowing a .01 or, it could be just that the driver got lucky, had enough money for a good attorney and didn't kill anyone this time. Sorry, a DUI is very irresponsible period. Maybe you'll be as lucky as I was and your mother won't die due to a DUI. Maybe you won't be so lucky. But, you'll never convince me that a DUI is a "minor crime" whether it has minor legal/social penalties or not.

You haven't done said anything here to help the OP out. All you've done is tried to condone/play down his irresponsible behavior.

You have a good point. Twice as many people die from DUI than firearm homicide in the US. However, I do think that people can make a mistake and learn from it. Fortunately OP didn't hurt anyone, and that is the best case scenario here. I do think that DUI lacks the intent that violent crime has, when it is a one time occurrence. A repeat offender, pretty much the same intent as a violent criminal.

[PMA]

How long have you been procrastinating about it? I wouldn't put it past Kamala's DOJ to prohibit you until it's taken care of.

Not sure what you mean by procrastinating. I'm not scheduled to be in court until next month, so I'm not procrastinating at all is how I see it.

[beardog308]

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

My brother got a DUI ten years ago in California. It was his first offense and he was required by the court to attend six AA meetings. He went to a Spanish speaking AA meeting place in a office behind ours in the business park. He paid a "donation" and all six classes were signed off on the spot.

[CSACANNONEER]

Not sure what you mean by procrastinating. I'm not scheduled to be in court until next month, so I'm not procrastinating at all is how I see it.

Yea, many people do procrastinate about fix-it tickets. It doesn't sound like you are.

[low67vdubinnocal]

So either doj has the wrong person or the probation is an issue now. Guess in a couple of weeks you will know for sure.

Sent from my LG-H345 using Tapatalk

[ChuckDizzle]

That does not show up on a background check.



Doesn't work that way. Plenty of non alcoholics are mandated to go to AA meetings when they get a DUI. Not everyone who gets a DUI is an alcoholic. On top of that he isn't "in treatment". Treatment requires being under medical supervision of a licensed facility or doctor/nurse. In patient, out patient or any level in between is "in treatment". Medical records are protected and do not show up on a backround check. It even requires a court order to confirm or deny if a patient is at a treatment center if the patient hasn't signed an ROI for the person asking. Lastly, AA doesn't have a list of members other than phone lists at meetings and general service. So unless the courts are sneaking around to AA meetings, stealing lists of names, and making a database of members, it will not show up on a background check. 5150, 5250, and other involuntary holds do show up on background check. Most likely he's prohibited because he's on probation.





Yup.

Did you miss the part about AA being an express term of his probation? The court and his probation officer have a record of his requirement to go to AA.

[ChuckDizzle]

My brother got a DUI ten years ago in California. It was his first offense and he was required by the court to attend six AA meetings. He went to a Spanish speaking AA meeting place in a office behind ours in the business park. He paid a "donation" and all six classes were signed off on the spot.

Yes, and because your brother was required by the terms of his probation doesn't mean that it is an appropriate condition for all violators of VC 23152 (a or b).

[PMA]

Did you miss the part about AA being an express term of his probation? The court and his probation officer have a record of his requirement to go to AA.

Actually, the AA was not required as part of my probation. I went to 30 something AA meetings before my indictment date (advise from my attorney) and so the judge didn't include the AA requirement as part of my probation terms.

[six seven tango]

I've even heard of DUI on a horse. but the story goes that if you are up in the saddle that it is a DUI, but that the bartenders in Norco would drag out their customers at 2am and drape them over the horse, give the horse a swat on the rear and the horse would walk home with the drunk sleeping it off. that was supposedly legal since the drunk was not in control of the hosre.

What if the rider was sober and the horse was drunk?

Funny you should mention that. An old friend of mine used to go bar hopping in Norco on his horse. At closing time, he would somehow manage to get in the saddle, and the horse would stagger home. Why the staggering horse? To keep my friends drunk arse from falling off. True story.

[ugimports]

From: https://oag.ca.gov/firearms

If your DROS application was denied based on a Federal Brady prohibition (e.g., out-of-state conviction, illegal/unlawful alien, military dishonorable discharge, out-of-state mental health record, etc.), you can appeal the denial of your application directly to the Federal Bureau of Investigation National Instant Criminal History Background Check System (NICS). When discussing your situation with NICS, you must include the NICS Transaction Number (NTN) associated with your firearm purchase as referenced in the denial letter sent to you by the DOJ Bureau of Firearms. You can appeal directly to NICS by downloading the NICS appeal brochure and following the instructions found at https://www.fbi.gov/about-us/cjis/ni...-for-appealing

Another avenue if this ends up being the issue.

[JDay]

Actually, the AA was not required as part of my probation. I went to 30 something AA meetings before my indictment date (advise from my attorney) and so the judge didn't include the AA requirement as part of my probation terms.

That's not what you said in post 10.

[wireless]

Did you miss the part about AA being an express term of his probation? The court and his probation officer have a record of his requirement to go to AA.

Doesn't matter. Typically everyone gets AA meetings for DUI depending on who the Judge is or what county you're in. So many people get DUIs that there is zero way to a judge who is an alcoholic and who isn't unless you're a repeat offender. So, they just send everyone and the ones who need it will get it. It's similar to when minors get caught with marijuana at school and they get sent to NA/AA meetings even though only a small percentage are actually addicted at that age. Eventually lots of them develop full blown addiction problems though.

I have my cdac, worked as a house manager at a sober living, and currently back in school to get my RN + work in this field. My experience has been that 30%-40% of first time DUIs are alcoholic or almost there. Of the 60%-70% remaining half of them will eventually need treatment. There are plenty of people who make incredibly irresponsible decisions and aren't alcoholic.

[SoldierLife7]

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.

Wrong place at the wrong time?

Wrong place = Behind the steering wheel.
Wrong time = After drinking alcohol.

[Win231]

If all you have is a plain and simple misdemeanor DUI conviction, then you are not a prohibited person. Hell, you can have multiple DUIs and still be able to buy/possess a firearm, as long as they are misdemeanors. Doesnt matter if you are on informal probation or go to AA. AA is not a requirement for DUI penalty. There is a specific DUI class you have to attend. Misdemeanors by definition are only punishible by up to a year maximum. If you could get more than a year it would be a felony.

There was either a mistake (happens all the time with gov agencies, big surprise) or something else on your record.

Just wait for the letter and dont get into it with the online, holyier than thou, armchair lecturers telling you how bad you are and how you should burn in hell for eternity. DUIs are no joke but they are minor crimes that have no connection to responsible firearm ownership. Learn from your mistake and be extra careful moving forward. Lots of good people make mistakes. Just own up to it and move on.

"DUI's are minor crimes?" I don't agree with that. And, (if she were here), I don't think Princess Diana would agree, either.

And alcohol abuse does have a connection to responsible firearms ownership.