is it possible for a coe to be immedietly revoked if any criminal charges are pressed upon someone? my buddy thinks his COE will be revoked because hes parinoid as all hell
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possible COE revocation
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Probably yes, if the charges are prohibitive. If you are under indictment for a felony or crime that could result in a sentence of more than one year, you are ineligible to purchase or receive firearms or ammunition. 18 USC 922(n). You have to be formally charged and the charges verified by a prosecutor.
CA may have a much lower threshold though, a simple arrest with no disposition may trigger them. And if there is a ‘rap back’ system for COE, then yes expect the COE to be in jeopardy shortly after charges.
It shall be unlawful for any person who is under indictment for a crime punishable by imprisonment for a term exceeding one year to ship or transport in interstate or foreign commerce any firearm or ammunition or receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.Last edited by SkyHawk; 05-22-2019, 8:28 PM. -
Randall Rausch
AR work: www.ar15barrels.com
Handguns: www.handgunbarrels.com
Bolt actions: www.700barrels.com
Foreign Semi Autos: www.akbarrels.com
Most work done while you wait on a scheduled shop visit.Comment
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My guess is that it would come up at the next renewal.
I can't imagine the DOJ being so forward-thinking as to be automatically checking backgrounds on all COE holders on a weekly or monthly basis.Randall Rausch
AR work: www.ar15barrels.com
Handguns: www.handgunbarrels.com
Bolt actions: www.700barrels.com
Foreign Semi Autos: www.akbarrels.com
Most work done while you wait on a scheduled shop visit.Comment
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CA DOJ runs a service called ‘SANS’, subsequent arrest notification (aka rap back). They provide this service to agencies who require annual certifications, such as in home care providers. Any agency that subscribes will be notified immediately of arrests of people who have been live scanned, without waiting for the next renewal.
So I would be *very* surprised if DOJ themselves did not subscribe to their own service for matters such as COEs, which involve people working at FFLs etc.Comment
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Randall Rausch
AR work: www.ar15barrels.com
Handguns: www.handgunbarrels.com
Bolt actions: www.700barrels.com
Foreign Semi Autos: www.akbarrels.com
Most work done while you wait on a scheduled shop visit.Comment
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Maybe, maybe not. FFLs have different policies and workflows.
But if he is under indictment/information for a felony and proceeded to fill out a 4473 that specifically asks him that question and he gave an incorrect answer, he could have Federal problems irrespective of what CA DOJ does.Comment
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Most FFL's would call when they get the rejection notice, but I suppose some are too lazy to call and will just wait for their customer to walk-in on pickup day to give the bad news.
I got a DROS rejection on day 3 of my 15 day wait back in 1995.
My FFL called me the day he got the rejection.
Back story: my FFL did not know if you could START a DROS before your 21st birthday and DOJ would not give a definitive answer over the phone so we went ahead and submitted a DROS 14 days before my 21st birthday as that would have allowed me to pick up the day after my birthday.
I had to wait 11 more days and re-run the DROS on my birthday.
Randall Rausch
AR work: www.ar15barrels.com
Handguns: www.handgunbarrels.com
Bolt actions: www.700barrels.com
Foreign Semi Autos: www.akbarrels.com
Most work done while you wait on a scheduled shop visit.Comment
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He passed a 4473 not 30 days agoMaybe, maybe not. FFLs have different policies and workflows.
But if he is under indictment/information for a felony and proceeded to fill out a 4473 that specifically asks him that question and he gave an incorrect answer, he could have Federal problems irrespective of what CA DOJ does.Comment
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