Background Check Headaches

[scinch]

So...this is my first time ever in any gun forum discussion for any reason. I've never given much attention to all the prohibitions of firearms in California because I selfishly didn't think it mattered much. After all, I'm a law abiding citizen. I've never been arrested. I'm an honorably discharged veteran, served as a police officer before becoming a school teacher.

I have not purchased a firearm in over 20 years. So, a few weeks ago I decided to acquire a new handgun and jumped through all the hoops - safety test with fees, DROS fees, etc. Great sale on a Ruger LCP .38 +P.

Last week I get a phone call from the FFL dealer who tells me that I'm on the "prohibited" list. I'm thinking WTF? No further information.

I get this BS letter from the DOJ that says the records indicate a restraining order against me...Again...WTF? I read further and the letter says:

The determination was based upon information you provided in your application....but has NOT been confirmed with fingerprint comparison. It is possible that the criminal record may not be yours and mya belong to another individual whose name and identifying information is similar to yours.

...to challenge the accuracy of the Department's determination....please complete a request for Live Scan Service...

Apparently this request only gets me a copy of the alleged record and instructions on challenging it.

For me this whole thing is ridiculous. I provided all information including SSN and this is the best they can do? So, now I have to go to the local PD on Monday for a Live Scan Service and pay $53. I'm wondering how much money the State will rape me for at the next step. Meanwhile I'm being led to believe I'm committing a felony for having guns...when I KNOW FOR A FACT I'VE NEVER BEEN ARRESTED IN MY LIFE.

Yes this is a rant...and a giant headache. I've never committed a single crime in my life and this miserable state is making me PROVE my identity.

Even more humiliating...The sale price for the firearm will now be eaten up with all these dumb fees and if I'm lucky enough to clear this fiasco up...I'll have to pay another DROS fee to start over.

scinch...

[SkyHawk]

SSN does not help with background checks, it can't even be submitted. But it can be stolen. Never put your SSN on a firearm application.

You would not have been arrested for a restraining order. In certain circumstances, a temporary restraining order can be issued without notice.

Completing a livescan will start your appeal, not just get you instructions.

It is possible that DOJ will issue an approval after denial. And it is also possible they will waive your DROS fee if it goes past 30 days since the last one and you have to do it again.

Keep this flowchart handy in case you need it http://www.calguns.net/calgunforum/a...9&d=1449952768

Thousands of people have had issues with the background check, you are not alone. Go through the hoops and let us know what happens. While you wait, remind your friends that elections have consequences.

Good luck!

[scinch]

Thanks for the Feedback

Under the code given...it would seem to indicate the Restraining Order was for Domestic Violence. I've been happily married for over 20 years. Have had no run in with anyone else. I've never been served...service is required within 21 days...hell its been longer than that since I applied.

Anyway...I hope this process goes smoothly. I can't believe the CLETS system is this inaccurate and that this could possibly be a regular occurrence. Wonder how many people end up in jail over bad information in the system?

Thank you very much for the link and I will keep posted to what happens. This is a giant wake-up call to pay attention to elections. The upcoming elections will be crucial for our future. I only shudder at what the next potential governor and state legislature will do in the coming years.

scinch...

[pacrat]

How it works in Commyfornia:

Tens of thousands of bureauacratic turds sucking the life out of the general fund tax teat.

With their combined IQ and the best computer systems the state can buy. They still can't add 2+2 and come up with a sum of 4.

So of course after they require you to pay for various fees FSC, HSC, DROS, and whatever else they can come up with. And the inevitable "waiting" periods for cooling off requirements.

When it comes to light that they are incapable of even discerning one law abiding citizen from another non law abiding citizen.

They off course require you to pay even more fees to pay them to correct their own mistakes.

[jeremiah12]

The BS part of this, if a restraining order had been issued against the OP, and as stated by the OP he is a teacher, he would have been contacted by the the CCTC or his local school district and very likely his credential placed on hold or other action taken until the situation was cleared up. Teachers are held to a higher standard.

I had a coworker get cited for a DUI and her credential was suspended for a couple of months until the case was resolved through the court system. She got another one two years later and she lost her credential.

Two years ago, an administrator had a restraining order placed on him for domestic violence, his credential was suspended within a week of that. Our district did not renew his contract as a result.

[echo1]

I got a delay and refused to get shaken down by the DOJ for the live scan bs on principle. Had the gun $hipped to my local FFL, resubmitted the DROS app, went through. Cost 2 DROS fees and shipping for a C&R bolt gun. Turned what would have been a sweet deal to an OK one. The fees. They've discovered the fees generate revenue. Anytime it appears they can justify a delay, they do. Harris in house policy. PAX

[scinch]

Well I Think I Got It Figured Out

Well let me tell you...this whole thing is a hassle. I finally got this figured out and its gonna cost me a boatload of cash for a lawyer.

So...I got a divorce back in 1993 in the state of Washington. While there was no domestic violence there were bad feelings. The judge signed off on the Divorce Decree that neither party was to have contact with the other. Signed, Sealed and delivered. What I didn't fully understand is that it was a lifetime Restraining Order, even though there were no prohibitions to firearms...which by the way is in WRITING by the judge. So I go about my life and even bought two firearms in the late 90's - early 2000's in California and pulled right on through with no restrictions.

Come 2016 and I find out I'm on some prohibited list from two laws passed in 2011 and 2013 just for merely having a restraining order.

Even worse...the ex-wife --- has been deceased for over five years after a bout with Cancer. Didn't even know it until I desperately scrubbed the Internet.

Long story short...I got to pay a lawyer to go back into court with the Death Certificate and motion to drop the restraining order.

Apparently "ex-post facto" laws don't apply to civil law in this country.

Once again...politicians, judges, and lawyers stealing money from law abiding citizens.

[dwalker]

When I moved from TN to CO I failed a BGC at gander mountian for a 10/22. Will never forget it. Took two trips to the CBI office to determine that my name is quite common and since the BGC had not included my SSN they could not tell me from someone else that is a prohibited person and denied me " to be on the safe side". Sure pal. So now I always fill in my SSN.

I have heard but cannot confirm that you can be on the "prohibited" list in CO for a number of reasons, including a FTA for a traffic ticket- seriously if you dont go to court for a parking ticket you can be put on the prohibited list-, failure to pay civil court judgments etc.

Its a completely stupid and corrupt system.

[trigger945]

scinch - Looks like quite a hassle. I wish you good luck with your endeavor.

[SkyHawk]

If you want to see egregious Ex-Post Facto law - look no further than the Lautenberg Amendment. Thousands, tens, maybe hundreds of thousands of people including military and law enforcement lost their gun rights FOREVER, Ex-Post Facto, for MISDEMEANOR DV convictions that happened years before the Federal law was passed in 1996. It was amendment to the Omnibus Consolidated Appropriations Act of 1997

Most of those people plead out just to make the case go away, with no inkling that years later a constitutional right would be taken from them, with no recourse. Many law enforcement officers lost their jobs, their certifications, and their right to posses firearms or ammunition forever - overnight.

Sorry you are going through this, but be thankful you can at least clear this up.

Let us know how it turns out.

[L84CABO]

Ooi. I'm sorry you're going through this nightmare. It's amazing how something that seems innocent enough at the time can come back to haunt you. I wish you luck. And welcome to the forum. It really is a nice place here when you're not dealing with this kind of crap. Good luck!