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Newb Question Re: prior 5150 and recent purchase of 870

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  • Eturnit3
    Junior Member
    • Feb 2009
    • 12

    Newb Question Re: prior 5150 and recent purchase of 870

    Hey Calgunners,
    I recently found an deal I couldn't pass up. A nice 870 for $250. I am wondering if my prior 5150 will cause any problems even though it has been more than 5 years since the incident? I am mostly concerned about making a fool out of myself at our local FTF. If I am rejected, what course of actions will be necessary? Also, I havent had my address changed on my drivers liscence since my last move (about 3 weeks ago), will this be a problem? Thanks for any advice, I have searched around for my answers but nothing really covers my specifics.
    Some cliff notes on my incident: I was heavily medicated after a tendon surgery, became addicted to vicodine, as a result became depressed, too many pills, woke up in a 14 day hold. I was evaluated, released. Rinse repeat. I was placed on anti depressants, I don't remember much of the next 2 years (I'm told lithium has that effect on people) but i remember waking up in a psych ward in placer county, surrounded by people who scare me (lol). It was like a movie in that, I was trying to convince the counselors that I wasn't crazy and although I wasn't exactly sure what had happened, I knew I didn't belong around the people who mumbled to themselves and threw **** on the walls.... Of course the response i got was "sure buddy, we haven't heard that one before..." , they monitored me for about 5 days, and released me and haven't had an issue since. I now work 40hrs a week, own a few vehicles, have custody of my child. Am I now what is considered to be a successful upstanding citizen, with rights and everything? The fore- mentioned incident took place about 8 years ago.
  • #2
    xxdabroxx
    Veteran Member
    • Apr 2008
    • 3392

    I think you are going to be SOL buddy. Might send in what i believe is a certificate of eligibility to see if you can own firearms. Maybe even contact a lawyer type.
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    • #3
      Eturnit3
      Junior Member
      • Feb 2009
      • 12

      Yeah, I found that form and printed it out, I will definitely be sending it in. What concerns me is that it takes up to 120 days to process.. I paid for this rifle last Saturday. I can always have my brother take ownership until everything is sorted out in a worse case scenario.
      I think you are going to be SOL buddy
      Can you elaborate on your opinion?

      Comment

      • #4
        xxdabroxx
        Veteran Member
        • Apr 2008
        • 3392

        I believe a 5150 is prohibiting for good, but i am not sure. Hell, call DOJ anonymously and see what they say.

        You can have you brother purchase it, but if he purchases it for a prohibited person i believe he would be committing a felony straw purchase.

        i also do not know how 5150's are recorded, i assume LE search of your name would turn it up?
        Last edited by xxdabroxx; 11-11-2009, 1:19 PM.
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        • #5
          djleisure
          Veteran Member
          • Aug 2008
          • 4734

          Originally posted by Eturnit3
          Yeah, I found that form and printed it out, I will definitely be sending it in. What concerns me is that it takes up to 120 days to process.. I paid for this rifle last Saturday. I can always have my brother take ownership until everything is sorted out in a worse case scenario.

          Can you elaborate on your opinion?
          What you described there actually constitutes a straw purchase (illegal!)- you need to get ownership stuff straightened out before purchasing anything.
          ------------------------------------------------------------
          iTrader protip: When I buy something from you and I immediately pay, then my part is done. That's all I have to do. You can leave me iTrader feedback and go on with your life. When I get the item, I will leave you iTrader feedback, assuming you've already done your part. See how that works?

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          • #6
            retired
            Administrator
            CGN Contributor - Lifetime
            • Sep 2007
            • 9407

            Originally posted by xxdabroxx
            I believe a 5150 is prohibiting for good, but i am not sure. Hell, call DOJ anonymously and see what they say.
            They will tell you since they are not lawyers, they cannot give you any legal advice and anything else will be vague I would suspect.

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            • #7
              freonr22
              I need a LIFE!!
              • Dec 2008
              • 12945

              well if its not sorted out, then its still his brothers and NOT a straw purchase right???
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              Originally posted by dantodd
              We will win. We are right. We will never stop fighting.
              Originally posted by bwiese
              They don't believe it's possible, but then Alison didn't believe there'd be 350K - 400K OLLs in CA either.
              Originally posted by louisianagirl
              Our fate is ours alone to decide as long as we remain armed heavily enough to dictate it.

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              • #8
                Eturnit3
                Junior Member
                • Feb 2009
                • 12

                Thanks for the advice, thats a good idea. I was a little reluctant to call DOJ just because I dont want to sit through an hour of automated phone answering bs.
                Edit: you guys are fast, Im not sure how a 5150 comes up. I remember having the opportunity to dispute the firearms restriction when I woke up. At the time I didnt own, or plan to own any firearms. I do remember a 5 year expiration period. What I am unclear on is, after the 5 years, do I need to be evaluated?
                Last edited by Eturnit3; 11-11-2009, 1:24 PM.

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                • #9
                  xxdabroxx
                  Veteran Member
                  • Apr 2008
                  • 3392

                  Originally posted by freonr22
                  well if its not sorted out, then its still his brothers and NOT a straw purchase right???
                  yes, but i would tread lightly. Particularly on this website. DOJ is known to browse around here.
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                  • #10
                    djleisure
                    Veteran Member
                    • Aug 2008
                    • 4734

                    Originally posted by freonr22
                    well if its not sorted out, then its still his brothers and NOT a straw purchase right???
                    Hmm, I must have missed something in the OP. When was it ever his brothers? He said he is paying for it, but his brother will [could] take ownership.
                    ------------------------------------------------------------
                    iTrader protip: When I buy something from you and I immediately pay, then my part is done. That's all I have to do. You can leave me iTrader feedback and go on with your life. When I get the item, I will leave you iTrader feedback, assuming you've already done your part. See how that works?

                    Comment

                    • #11
                      xxdabroxx
                      Veteran Member
                      • Apr 2008
                      • 3392

                      first order of business, let your brother HAVE this shotgun. DO NOT take ownership until you have a proven to be eligible through the paper you found. Then transfer the shotgun from your brother to yourself via PPT.
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                      • #12
                        Eturnit3
                        Junior Member
                        • Feb 2009
                        • 12

                        Im pretty confident I am not breaking any laws until I physically take the gun. As far as DOJ is concerned, I purchased it for my brother and he may possibly want to give it back if I am an eligible owner.

                        Comment

                        • #13
                          Eturnit3
                          Junior Member
                          • Feb 2009
                          • 12

                          Originally posted by xxdabroxx
                          first order of business, let your brother HAVE this shotgun. DO NOT take ownership until you have a proven to be eligible through the paper you found. Then transfer the shotgun from your brother to yourself via PPT.
                          dang you guys are fast!!! lol

                          Comment

                          • #14
                            Huzar
                            Member
                            • May 2006
                            • 264

                            Originally posted by Eturnit3
                            I paid for this rifle last Saturday.
                            Where is that shotgun now? I sure hope it's not in your posession. Also: you paid last Saturday and didn't go to an FFL yet?

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                            • #15
                              xxdabroxx
                              Veteran Member
                              • Apr 2008
                              • 3392

                              No more questions need to be asked of the OP. I think he knows what he has to do to stay in the clear. Lets not let him incriminate himself on accident.

                              Originally posted by Huzar
                              Where is that shotgun now? I sure hope it's not in your posession. Also: you paid last Saturday and didn't go to an FFL yet?
                              could be old enough to not need to go through an FFL. Not sure about 870 manufacture dates, but lets assume for now.
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