trying to figure out if I'm eligible to own a firearm in California

[Thelema]

Hi All,

I'm 23 and moved to San Diego from NY a couple years ago. Back in NY, I owned an SKS and an AR-15, but had to sell them to pay for my move out here.

I recently made a trip to Las Vegas where I had the opportunity to legally fire some fully automatic weapons and decided it's time I pick up some guns again I know I can't get fully automatic weapons or anything like that in California, but that's okay.

Mostly, I'm trying to figure out if anything in my history disqualifies me from owning a gun. I know the way to do that is to go through the Personal Firearms Eligibility Check, but I'm still interested in hearing the opinions of members of this forum. Here's what I'm concerned about:

1. I have a history of medical problems. In particular, I was in the hospital once for a chest x-ray as a follow-up appointment for lung surgery I had a while back, when I had a seizure. It wasn't the typical "fall down and flop around" seizure most people think of; I later discovered I have a form of temporal lobe seizures that cause me to experience hallucinations. This only happens under fluorescent lights, which of course the hospital had. At the time, I didn't know it was a seizure, got a bit scared, and asked to be taken to the psychiatric floor of the hospital. They did an evaluation and determined that I have no psychiatric problems whatsoever.

I know there's some requirement where people who have been hospitalized for psychiatric reasons can't own a gun; would this disqualify me? Or would it not count because it was voluntary and I didn't end up having anything wrong with me? Will the check even find anything since it was at some random hospital in NY?

2. Back in college, one of my roommates turned out to be a drug user. He had drugs in the dorm room that I was unaware of, but we were both arrested when the cops raided the room. My lawyer suggested we just go with the plea bargain because a trial is lengthy and expensive, and basically I offered to complete a 6 month rehab program (what a joke, I don't even use drugs) in exchange for having my record sealed and the charges dropped. I know there's a requirement that drug addicts can't own firearms. Would this show up in my history at all? Even though the record was sealed, I'm wondering about whether or not they would see that I was in a rehab center.

I'll be submitting the PFEC form soon to get a definitive answer, but I'd love to know what to expect. I'm guessing most of you aren't lawyers, but opinions are welcome.

Thanks for your time

[Ribkick]

Hi All,

I'm 23 and moved to San Diego from NY a couple years ago. Back in NY, I owned an SKS and an AR-15, but had to sell them to pay for my move out here.

I recently made a trip to Las Vegas where I had the opportunity to legally fire some fully automatic weapons and decided it's time I pick up some guns again I know I can't get fully automatic weapons or anything like that in California, but that's okay.

Mostly, I'm trying to figure out if anything in my history disqualifies me from owning a gun. I know the way to do that is to go through the Personal Firearms Eligibility Check, but I'm still interested in hearing the opinions of members of this forum. Here's what I'm concerned about:

1. I have a history of medical problems. In particular, I was in the hospital once for a chest x-ray as a follow-up appointment for lung surgery I had a while back, when I had a seizure. It wasn't the typical "fall down and flop around" seizure most people think of; I later discovered I have a form of temporal lobe seizures that cause me to experience hallucinations. This only happens under fluorescent lights, which of course the hospital had. At the time, I didn't know it was a seizure, got a bit scared, and asked to be taken to the psychiatric floor of the hospital. They did an evaluation and determined that I have no psychiatric problems whatsoever.

I know there's some requirement where people who have been hospitalized for psychiatric reasons can't own a gun; would this disqualify me? Or would it not count because it was voluntary and I didn't end up having anything wrong with me? Will the check even find anything since it was at some random hospital in NY?

2. Back in college, one of my roommates turned out to be a drug user. He had drugs in the dorm room that I was unaware of, but we were both arrested when the cops raided the room. My lawyer suggested we just go with the plea bargain because a trial is lengthy and expensive, and basically I offered to complete a 6 month rehab program (what a joke, I don't even use drugs) in exchange for having my record sealed and the charges dropped. I know there's a requirement that drug addicts can't own firearms. Would this show up in my history at all? Even though the record was sealed, I'm wondering about whether or not they would see that I was in a rehab center.

I'll be submitting the PFEC form soon to get a definitive answer, but I'd love to know what to expect. I'm guessing most of you aren't lawyers, but opinions are welcome.

Thanks for your time

Item one, you say they determined you did not have any psychiatric issues so I would say you have no worries.
P.S. I wouldn't be shooting at any indoor ranges. They typically have florescent lighting

Item two, your sealed records are not sealed to DOJ, LEO, Feds or military just to civilians. You also state that charges were dropped. There is no conviction which is the question on the form. Conviction. So again, I would say you have no worries.

I'm not a lawyer so this is just my opinion. Take it for what it's worth. If it were me, I would fill out the papers with no worries. The worst they will do is deny.

[Thelema]

P.S. I wouldn't be shooting at any indoor ranges. They typically have florescent lighting

I'm all too aware I'll be driving all the way up to LA to go to the nearest outdoor range... unless someone knows of one in San Diego.

Item two, your sealed records are not sealed to DOJ, LEO, Feds or military just to civilians. You also state that charges were dropped. There is no conviction which is the question on the form. Conviction. So again, I would say you have no worries.

I'm not a lawyer so this is just my opinion. Take it for what it's worth. If it were me, I would fill out the papers with no worries. The worst they will do is deny.

Thanks!

[NorCal Einstein]

You could always spend the extra $20 + notarization + postage to do a Personal Firearms Eligibility Check if you're really in doubt.

http://oag.ca.gov/firearms/pfecfaqs#1

I believe it takes a little bit to get a written response back from them, but it's one way to know for sure if you're good to go or not. I guess the cheaper option is to skip this, try to buy and see what happens since Ribkick is right, the worst you can do is get denied and then I believe the dealer has to refund you anything you paid for the firearm. Not totally certain on this though, so hopefully someone confirms it.

[roushstage2]

Well, yeah, they have to refund you the price, but most have a nifty "restocking fee."

[Lives_In_Fresno]

Item one, you say they determined you did not have any psychiatric issues so I would say you have no worries.
P.S. I wouldn't be shooting at any indoor ranges. They typically have florescent lighting

Item two, your sealed records are not sealed to DOJ, LEO, Feds or military just to civilians. You also state that charges were dropped. There is no conviction which is the question on the form. Conviction. So again, I would say you have no worries.

Hmmm...I think I see a plea of guilty for something.....right here

2. Back in college, one of my roommates turned out to be a drug user. He had drugs in the dorm room that I was unaware of, but we were both arrested when the cops raided the room. My lawyer suggested we just go with the plea bargain because a trial is lengthy and expensive, and basically I offered to complete a 6 month rehab program (what a joke, I don't even use drugs) in exchange for having my record sealed and the charges dropped. I know there's a requirement that drug addicts can't own firearms. Would this show up in my history at all? Even though the record was sealed, I'm wondering about whether or not they would see that I was in a rehab center.

Whether that shows up is one thing. But he did agree to do something for having the charges go away later (as a condition of completing the program). Whether that makes him ineligible will be a question satisfied by the eligibility check.

[Arkangel]

I'm all too aware I'll be driving all the way up to LA to go to the nearest outdoor range... unless someone knows of one in San Diego.



Thanks!

South Bay Rod and Gun and the San Diego Revolver club ( pistol, 25 yards only)

[Shellshocker66]

I guess the big question is did you obtain your previous guns before or after the college incident? And did you purchase them from an FFL?

[Thelema]

I guess the big question is did you obtain your previous guns before or after the college incident? And did you purchase them from an FFL?

They were a gift from my father-in-law and were basically signed over to me at a firearms dealer. This was in New York State, so there might be different laws in play too.

Hmmm...I think I see a plea of guilty for something.....right here

My lawyer said I don't have to report it as a conviction if I'm ever asked about it. He says the correct answer is "I was accused of possession of controlled substances, but the charges against me were ultimately dropped." I guess we'll see what happens. It was a misdemeanor charge too, so probably not a lifetime ban, in any case.

[Loner]

You could always spend the extra $20 + notarization + postage to do a Personal Firearms Eligibility Check if you're really in doubt.

http://oag.ca.gov/firearms/pfecfaqs#1

I believe it takes a little bit to get a written response back from them, but it's one way to know for sure if you're good to go or not. I guess the cheaper option is to skip this, try to buy and see what happens since Ribkick is right, the worst you can do is get denied and then I believe the dealer has to refund you anything you paid for the firearm. Not totally certain on this though, so hopefully someone confirms it.

I helped a coworker with that, as he wanted to buy a pistol. He got a response within a month that he was eligible, and he had no problem with DROS'ing his pistol. So OP, I'd recommend you fill out that form and find out directly from the CA DOJ.

[Squid]

plea to 'diversion' or whatever isn't a conviction. If you mess up on "the program"

then you get hauled back to court and DA can then go for real conviction (trial, the works).

Of course what happens is they give you about 5 chances to mess up in program.

But diversion isn't a "conviction". More akin to lengthy continuance after which the court drops the charges at your next court date, except you just mail in some forms or take them to clerk's window.

[Thelema]

then you get hauled back to court and DA can then go for real conviction (trial, the works).

Of course what happens is they give you about 5 chances to mess up in program.

But diversion isn't a "conviction". More akin to lengthy continuance after which the court drops the charges at your next court date, except you just mail in some forms or take them to clerk's window.

Good to know. I guess the only other thing I'm worried about is whether or not California considers me a "narcotics addict," since that's a prohibited class for firearms ownership. Technically the rehab place diagnosed me with drug dependency as a pre-requisite to letting me enter the program. Meanwhile, when I was at that psychiatric place, they asked me if I had a history of drug use. I said no, but mentioned my past legal issues and I think they might have written something about me being a drug addict. I could definitely piss clean right now because I've never used drugs in my life, but obviously they won't be doing a urinalysis on me for buying a gun. Hopefully they don't have access to documentation by either the rehab or psychiatric place.

[stix213]

Nope can't have guns, leave more for me. Keep your mits off my ammo too

Form 4473 asks word for word:

e. Are you an unlawful user of, or addicted to, marijuana, or any depressant, stimulant, or narcotic drug, or any other controlled substance?

If you can truthfully answer "NO" you're good I'm sure. I'd still go through with the PFEC. Worst case you are out just a few bucks and a few weeks of your life, instead of a 30% restocking fee and 80 pounds of embarrassment.

[stix213]

They were a gift from my father-in-law and were basically signed over to me at a firearms dealer. This was in New York State, so there might be different laws in play too.

I don't recall New York State being known for lax gun laws....

[john67elco]

Item two, your sealed records are not sealed to DOJ, LEO, Feds or military just to civilians. You also state that charges were dropped. There is no conviction which is the question on the form. Conviction.
.

FUD 100%