purchase put on hold by dept of justice

[CarZone]

I recently purchased a sks from a calguns member and meet at turners in chino hills. Turners called me today and notified me that the Dept of Justice contacted them and put my purchase on hold until they spoke to me. They gave Turners no further info just a ref #. He informed me that it wasnt a denial yet and it can still be approved. Has anyone had this happen to them? I had a DUI over 2 years ago and has since been completed. Also have a pending misdemeanor. Any info would be great.

[skyscraper]

Pending misdemeanor would be my guess. The dros paperwork asks about certain misdemeanors.

[GOEX FFF]

Here is the DOJ list which also shows prohibiting misdemeanors. Maybe take a look and see if your case is related in someway to any shown that may have perhaps caused the hold.

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

[CarZone]

Ya the misdemeanors it asked where either domestic violence or drug use. My charge was misdemeanor assault that is getting dropped but has not been finalized.

[Smokeybehr]

Until things are finalized, and you have the paperwork that clears you, you won't be able to complete the transaction. The DROS will have to be redone if it's more than 30 days from the initial DROS.

[CarZone]

ok now next question. Since i have purchased the rifle from a private seller can i transfer the rifle to someone else now if i am unable to recieve the gun?

[PixelBender]

This happend to me via Turners.

I came in on the 10th or 11th day, and they gave me a paper with a number to call. Said the DOJ put a "hold on release" or something like that. I called and they asked to see dispositions(proper term?) on two cases... I called my lawyer and spoke with him about getting the proper paper work. He was surprised to hear that anything came up in the first place, considering they where cases from when I was 12, and 14 years of age. Long story. He put a request in for the papers and I got a call about 2 weeks later saying the DOJ had released the hold but my DROS would expire the following day. Turners never called me to tell me that the DOJ on the 13th day released the hold. I called the DOJ to confirm and that was that. I asked why they did that in the first place, and they had nothing else to say regarding the hold. Beats the hell out of me. It was my first purchase though, a few years ago. I have not had a problem since. I've pulled files from the archives for the Navy before and since then they misplaced the documents. It took them 3-4 months before they got the paperwork to my lawyer. One department said "we cant find them" the other said "we have half the documents" the whole thing was a giant cluster f*ck.

[Chaos47]

I know it doesn't help you now but for people looking at this that might be in the same boat, or for you in the future if you get your charge cleared up..

IMO anyone that has anything in their history should first request the Department of Justice to conduct a firearms eligibility background check...

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

http://oag.ca.gov/firearms/pubfaqs#2

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

Edit:
To your question about what happens to the gun if you are fully denied
This might help:

http://www.calguns.net/calgunforum/showthread.php?t=283114

Sounds like it goes back to the original owner (no dros no wait) and you are out the fee's as well

[mrdd]

ok now next question. Since i have purchased the rifle from a private seller can i transfer the rifle to someone else now if i am unable to recieve the gun?

You cannot do anything with the item until you resolve the issue. If you cannot resolve it within 30 days of the DROS, the DROS fails and the CA DOJ will run a check on the seller. If the seller passes the check, the item goes back to the seller. If the check on the seller fails, the FFL must turn the item over to the local LEA for disposition.

If the seller gets the item back, they can sell it to someone else. Be careful, though. If you are involved in a subsequent sale, it could be considered a straw sale. That could land you, the seller, and other buyer in trouble.

[paul0660]

it could be considered a straw sale.

LOL. Those are usually a lot slicker than this, and depend on the qualifications of the eventual owner.

[mrdd]

LOL. Those are usually a lot slicker than this, and depend on the qualifications of the eventual owner.

Paul, I am glad you thought it was funny.

[CarZone]

I cant believe it has come to this. I have already payed the seller and I know that it will not be resolved untill june 14th and the dros ends on may 30th.

[Chaos47]

I cant believe it has come to this. I have already payed the seller and I know that it will not be resolved untill june 14th and the dros ends on may 30th.

Better contact the seller and pray they will play ball.
Hopefully you wont have to take them to small claims court...

[Oceanbob]

Better contact the seller and pray they will play ball.
Hopefully you wont have to take them to small claims court...

Take who to small claims court?

[Chaos47]

Take who to small claims court?

The seller.
The FFL is legally bound to give the seller back the rifle if OP does fail his DROS.
The seller really don't have a legal obligation to give a refund.
Besides moral, honor and ethical reasons.

It's a civil matter about giving OP a refund. And if they won't the only recourse would be small claims court.

Edit: Not saying I would keep the money, I would refund it. Just stating a possible outcome...