I need some help here! Doj problems

[arigolani]

So I on 12/3/16 I bought a rifle Ak from a guy actually here on calguns.
After the 10 days I show up to pick up my gun and the man at the ffl gave me this letter he got from the DOJ that says in bold "DELAY DRLIVERY do not release the firearm untill further notice" then a paragraph of how they by law can temporarily delay firearm transaction up to 30 days.

So I have no idea what the hell im supposed to do... and what's going on?

I have no felonies I own 2 other fire arms bought in 2014.
But.... late last month I was pulled over in burbank and got booked for a few hours for possession of narcotics.
2 days ago I had court and asked the public defender what would happen regarding my firearm she said its a misdemeanor and I can still go buy guns if I wanted.

Has anyone here had anything like this happen to them? Your experience?

If they took 30 days....... and it's an Ak 47 so what happens with the new laws an all? If they take their time will I still be able to get my gun past the 31st??

[code_blue]

So I on 12/3/16 I bought a rifle Ak from a guy actually here on calguns.
After the 10 days I show up to pick up my gun and the man at the ffl gave me this letter he got from the DOJ that says in bold "DELAY DRLIVERY do not release the firearm untill further notice" then a paragraph of how they by law can temporarily delay firearm transaction up to 30 days.

So I have no idea what the hell im supposed to do... and what's going on?

I have no felonies I own 2 other fire arms bought in 2014.
But.... late last month I was pulled over in burbank and got booked for a few hours for possession of narcotics.
2 days ago I had court and asked the public defender what would happen regarding my firearm she said its a misdemeanor and I can still go buy guns if I wanted.

Has anyone here had anything like this happen to them? Your experience?

If they took 30 days....... and it's an Ak 47 so what happens with the new laws an all? If they take their time will I still be able to get my gun past the 31st??

Booked for possession and currently under trial... What were you intending to do with said narcotics? What were the narcotics? Are you a user?

I'm going to say that you won't be getting the firearm.

[Redeyedrider]

It happens all the time, for various reasons, and sometimes no rhyme or reason at all.

Do you (or someone else that shares your vehicles) have any outstanding tickets, unpaid fines/fees, ect.... I doubt this would be your case because you typically would be denied, and informed it was due to DMV issues.

Sometimes something in the arrest history that is not a prohibiting offense will need more time for the DOJ to investigate. Possibly an arrest without a clear disposition, ect....

Were you arrested and charged as a felony and plead to a misdemeanor. It's typical that the arresting agency will throw the book at you in terms of charges. It's could be that you have a felony arrest with no disposition. This is the likely scenario.

If you are delayed past the 31st the rifle will not be able to be delivered to you if it qualifies as an AW under the new laws. Purchase will need to be completely cancelled.

[Redeyedrider]

But.... late last month I was pulled over in burbank and got booked for a few hours for possession of narcotics.
??

Late last month possession of up to an ounce of marijuana was legal, so I have to assume that you were pulled over and busted with meth, heroin, and/or cocaine.

Since you got busted with it, it probably wasn't your first time possessing, trafficking, using, distributing, or whatever else people do with their drugs.

The system is designed to scrutinize people with these types of dealings and it appears to be working in your case.

[arigolani]

Actually it was paraphernalia no actuall drug but the cops said they found heroin and I didn't want to fight the case since the judge offered prop 36 which is like a slap on the wrist....

[SonofWWIIDI]

There was just herion paraphernalia in your car...well that's okay then.

[eviioiive]

Doesn't dros/4473 cover drug users somewhere?

[code_blue]

Actually it was paraphernalia no actuall drug but the cops said they found heroin and I didn't want to fight the case since the judge offered prop 36 which is like a slap on the wrist....

Yea, you're not going to get it. Fall on your sword and learn from your mistakes. Treat this "slap on the wrist" as if it were the real deal and stop doing obviously illegal activity. I do not want your face on the news representing firearms owners.

PS, you very likely committed federal perjury on the 4473. Now it's on a public forum.

[Maltese Falcon]

And the sad kick in all this is even if you don't get it neither will the seller get it back. Looks like your out some $$, sorry.

EDIT: This is sloping down fast, no gun, trial pending, lost money and gun, substance abuse, perjury, federal crime, 10 years...

Transfer your other guns NOW to a clean family member and call a decent lawyer, good luck.


.

[Redeyedrider]

Actually it was paraphernalia no actuall drug but the cops said they found heroin and I didn't want to fight the case since the judge offered prop 36 which is like a slap on the wrist....

If I recall correctly, Prop 36 is a drug treatment program, which would indicate that you evidentially are an addict (whether you use drugs or not is irrelevant) as described on the 4473 form.

Did you really think that you could, while under court order of a mandated drug abuse program, answer that you are not a drug addict on the form 4473, given the circumstances?

edit to add -

This isn't a faith based process, like the drop box Kiwi stands on the roadside. They actually confirm the questions that you answer by running your background through the FBI.

[tileguy]

without talking about what you got in trouble for, could you go to the ffl and turn the ak into a featureless rifle so it is no longer an assault weapon after the 1st because as of now its just a rifle and can now be picked up legally after the 30 day hold

[BABUSA]

Bye Bye AK...the DOJ is gonna get it and destroy the rifle

[downdiver2]

There was just herion paraphernalia in your car...well that's okay then.

Don't mean to laugh at someone else's expense in this case, but that is a funny comment.

[mike415stone]

Not sure if I should cry or laugh at the OP's posting.

[fiddletown]

... last month I was pulled over in burbank and got booked for a few hours for possession of narcotics.
2 days ago I had court and asked the public defender what would happen regarding my firearm she said its a misdemeanor and I can still go buy guns if I wanted....

The possession charge might be a state law misdemeanor, but under federal law (18 USC 922(g)(3)) someone addicted to, or an unlawful user of, a controlled substance is prohibited from possessing guns or ammunition. So since you were arrested for possession of narcotics (paraphernalia), the DOJ could suspect that you are addicted to, or an unlawful user of, a controlled substance.

If there is evidence that you are addicted to, or an unlawful user of, a controlled substance, you might be subject to federal prosecution for possessing the guns you now have. If there is evidence that you are addicted to, or an unlawful user of, a controlled substance and you answered "no" to question 11e on the 4473, you might be subject to federal prosecution for making a false statement on the 4473 in violation of 18 USC 922(a)(6).

So your legal problems might extend well beyond this possession of narcotics (paraphernalia) and beyond what you could reasonably expect the public defender to help you with.