Failed the DOJ Background check...WTF??

[Mike_USMCMotorT]

Ok, so last week (March 12,2013) I bought a Mossberg 500 at the local gun shop, did the required paperwork, and payed my fees. I received a call today (March 19, 2013) telling me that I have not passed the background screening and I need to go in to get my refund. WTF? I can serve in the Marine Corps and maintain a Federal Secret Clearance but can't own a firearm? There is nothing that restricts me from owning a firearm under the federal guidelines; the only thing on my record is a Misdemeanor "battery" from over three years ago (not for domestic dispute/violence) and my wife and I have a restraining order on some crazy B*tch. These are the only things that I think could effect it, but they still don't fall under the federal restrictions so I'm lost. I immediately jumped online and printed out the Request of Appeal and sent that it along with my rolled fingerprints from an authorized facility. Is there anything else I can do? Has anybody ever had this issue? Can it be a case of mistaken identity? I do have a common name (William Mikal Jones). What are my chances of getting an appeal? I've been waiting for years to get my first gun and now am so disappointed, I can't get this out of my head.

[415shooter]

There is a list of prohibiting misdemeanors, and I believe that battery is on that list.

[Nefarious]

Firearms Prohibiting Misdemeanors

Any person convicted of any of the following misdemeanors is prohibited from owning a firearm in CA for 10 years following the conviction.


Assault or battery on anyone.

Edit: Googlefu with a cut n paste
Edit x2: Im trying to find the OFFICIAL list

EDIT x3: here is the list

http://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/prohibcatmisd.pdf?

[six seven tango]

Misdemeanor battery could be your issue as far as CA is concerned. You need to contact the CA DOJ, not the feds, and find out exactly why you have been denied. The LGS where you tried to buy should be able to give you a contact number. Good luck.

[Vacaville]

Sorry dude. I think it's total B.S. that you can lose your 2A rights for life from a misdemeanor. If it makes you feel any better, lots of people will be joining you on the prohibited list if SB 755 passes.

[Mike_USMCMotorT]

Shouldn't the LGS disclose that information? I mean they went through all of the federal regulations with me, why not the state? They gave me a contact number when I talked to them earlier and when I called, they woman I spoke with was no help. She said that she cannot help me and I need to wait for a letter from the DOJ explaining why I was denied. THIS SUCKS!!

[Mike_USMCMotorT]

My wife has a few misdemeanor convictions on her record: resisting arrest, drunk in public, and possession of marijuana (under an ounce). She also was place in the hospital on a 72 hr. observation period for a mental episode. Would any of these prevent her from purchasing a firearm?

[Merc1138]

Shouldn't the LGS disclose that information? I mean they went through all of the federal regulations with me, why not the state? They gave me a contact number when I talked to them earlier and when I called, they woman I spoke with was no help. She said that she cannot help me and I need to wait for a letter from the DOJ explaining why I was denied. THIS SUCKS!!

LGS can't disclose information that they aren't given.

My wife has a few misdemeanor convictions on her record: resisting arrest, drunk in public, and possession of marijuana (under an ounce). She also was place in the hospital on a 72 hr. observation period for a mental episode. Would any of these prevent her from purchasing a firearm?

Look up what's known as a PFEC in California. It's a form you fill out, send some money, and they tell you if you're eligible to purchase.

[Mike_USMCMotorT]

LGS can't disclose information that they aren't given.

So they don't know the state regulations?

[Mike_USMCMotorT]

LGS can't disclose information that they aren't given.



Look up what's known as a PFEC in California. It's a form you fill out, send some money, and they tell you if you're eligible to purchase.

Thanks...I'll check it out

[Oceanbob]

My wife has a few misdemeanor convictions on her record: resisting arrest, drunk in public, and possession of marijuana (under an ounce). She also was place in the hospital on a 72 hr. observation period for a mental episode. Would any of these prevent her from purchasing a firearm?

Quite possible the pot conviction might prevent her from owning firearms. I do know that if you have a Marijuana Medical Card you cannot own firearms.

Misdemeanor convictions of domestic violence is a lifetime ban. I would consult an attorney.

Also, you might have mutual ROs and not realize it. Sometimes a Judge will grant an RO against both parties to keep people apart. That would prohibit you.

[Nefarious]

My wife has a few misdemeanor convictions on her record: resisting arrest, drunk in public, and possession of marijuana (under an ounce). She also was place in the hospital on a 72 hr. observation period for a mental episode. Would any of these prevent her from purchasing a firearm?

look at the link I posted above
Any person who is addicted to the use of narcotics (state and federal) (dont know how that plays into her convictions)

there is also a form that you can fill out (she rather) to see if she qualifies to purchase a pistol

[six seven tango]

LGS can't disclose information that they aren't given.

So they don't know the state regulations?

He meant that they can't tell you why you were denied, because they are not told.

[gotime]

My wife has a few misdemeanor convictions on her record: resisting arrest, drunk in public, and possession of marijuana (under an ounce). She also was place in the hospital on a 72 hr. observation period for a mental episode. Would any of these prevent her from purchasing a firearm?

Sounds like maybe you're thinking of doing a straw purchase... don't add a felony on top of your misdemeanor.

[Merc1138]

So they don't know the state regulations?

Has nothing to do with being unable to disclose state regulations, they weren't told why you got denied, only that you were denied. It's technically your responsibility to have an idea of what your record is, and then compare that to all of our idiotic state laws, rather than the shop spend an hour explaining the PC in detail(that they probably don't know much about other than how to avoid getting shut down).

Sounds like maybe you're thinking of doing a straw purchase... don't add a felony on top of your misdemeanor.

Yeah, that would be bad. At least with a CA denial you can just leave.