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  • Spartan01
    Junior Member
    • May 2017
    • 5

    DROS "Delayed"

    I'm new to the forum but I've read plenty on here about DROS "Denial, Delayed, and and Undetermined" on here.

    A little about me: Active duty military, USN stationed in San Diego. I was previously stationed up north in California. I was arrested and booked for battery but the charges where rejected by the DA because there wasn't any evidence to support the case.

    Bought Smith & Wesson M&P 15-22 at a local shop here in SD. 7 days in I get a call that the DOJ has delayed my purchase. I've paid for a live scan and I'm still waiting on those results.

    Tried to call Ca DOJ and all you get is an automated voice and if you do some how talk to a real live person they won't tell you anything.

    I just returned from the town I was arrested in and they refused to give me any paperwork showing the case was rejected by the DA.

    The FFL dealer already informed me they will not release the gun on an undetermined.

    The 14th of May is my 30 day mark so I guess I'm going to wait it out. This is all new to me being I'm not a CA resident.

    Any help on what I can do to get the gun I purchased if the status goes undetermined would be awesome.
  • #2
    SkyHawk
    I need a LIFE!!
    • Sep 2012
    • 23518

    If it goes undetermined, it is up to the FFL to release. They don't have to and you can't make them. So it comes down to finding a FFL who will release on undetermined, and starting all over with the paperwork at the friendly FFL.

    You should contact the office of the district attorney responsible for the case and ask them to send you a letter indicating that charges were rejected.

    You should also request your CA criminal record from DOJ and challenge the accuracy and completeness of the report if you find something that is not right, like an arrest without disposition.

    Access to criminal history summary records maintained by the DOJ is restricted by law to legitimate law enforcement purposes and authorized applicant agencies. However, individuals have the right to request a copy of their own criminal history record from the Department to review for accuracy and completeness. Requests from third parties are not authorized and will not be processed. Note: Criminal history records requested for an individual’s own review cannot be used for Visa/Immigration or any foreign nation transactions.
    Last edited by SkyHawk; 05-01-2017, 10:21 PM.
    Click here for my iTrader Feedback thread: https://www.calguns.net/forum/market...r-feedback-100

    Comment

    • #3
      pacrat
      I need a LIFE!!
      • May 2014
      • 10283

      Spartan 01,

      First off welcome to CG. And thank you for your service.

      Please publicly out the TURD FFL who is refusing delivery on 'undetermined" status.

      They are doing so totally on their own volition in an "extra-legal" manner, because they have chosen to be turds.

      They do not support the RKBA, so they deserve no support from customers who do.

      Turds stink and should be avoided.

      JM2c

      Comment

      • #4
        Spartan01
        Junior Member
        • May 2017
        • 5

        P2K range in El Cajon, CA is the place that informed me they would not release the gun and I'd have to re-DROS. They also have a 50% restocking fee.

        Comment

        • #5
          cxerphax
          Junior Member
          • Jan 2010
          • 74

          You got arrested on battery and are still active duty? Wtf?

          Comment

          • #6
            six seven tango
            CGSSA Associate
            • Jan 2012
            • 1725

            Originally posted by cxerphax
            You got arrested on battery and are still active duty? Wtf?
            Why wouldn't he be? He stated in his OP that the charges were rejected by the DA. The military doesn't punish you for an arrest by civilian authorities unless, and until there's a conviction.

            OP, I hope you get this figured out. There's absolutely no reason for people to be denied their constitutional rights just because the goobermint is incompetent.

            And a 50% restocking fee?!?! Because they CHOOSE to not release?!?! HOLY CRAP!!! Probably won't do you any good, but I'd fight that one to the point of a CC charge back.
            sigpic

            When Injustice Becomes Law, Resistance is Duty


            Comment

            • #7
              Spartan01
              Junior Member
              • May 2017
              • 5

              Yeah, 67T. The thought of calling my bank to get the charges disputed crossed my mind as soon as I found out they won't release on an "undetermined"

              Comment

              • #8
                Mitch
                Mostly Harmless
                CGN Contributor - Lifetime
                • Mar 2008
                • 6574

                Originally posted by Spartan01
                P2K range in El Cajon, CA is the place that informed me they would not release the gun and I'd have to re-DROS. They also have a 50% restocking fee.
                Whose side are these people on?
                Originally posted by cockedandglocked
                Getting called a DOJ shill has become a rite of passage around here. I've certainly been called that more than once - I've even seen Kes get called that. I haven't seen Red-O get called that yet, which is very suspicious to me, and means he's probably a DOJ shill.

                Comment

                • #9
                  SkyHawk
                  I need a LIFE!!
                  • Sep 2012
                  • 23518

                  They can't charge you 50% or even 1%, if *they* choose not to release what they legally can. That is highway robbery. When it goes undetermined, the ball is in their court not yours or DOJs.

                  If it goes undetermined and they dont release and tell you that you must pay to restock, tell them you will see them in court.
                  Click here for my iTrader Feedback thread: https://www.calguns.net/forum/market...r-feedback-100

                  Comment

                  • #10
                    sofbak
                    Veteran Member
                    • Aug 2010
                    • 2628

                    FIFTY PERCENT? !?!?

                    Holy kr*p-That's usurious!

                    Hope this works out for the OP.
                    Tire kickers gonna kick,
                    Nose pickers gonna pick
                    I and others know the real

                    Comment

                    • #11
                      ajb78
                      CGN/CGSSA Contributor
                      CGN Contributor
                      • Apr 2017
                      • 1441

                      Does it automatically change to undetermined after the 30 days, or does it require prompting someone to pull your file and change the status manually?

                      Comment

                      • #12
                        pacrat
                        I need a LIFE!!
                        • May 2014
                        • 10283

                        Originally posted by ajb78
                        [1]...Does it automatically change to undetermined after the 30 days, [2]...or does it require prompting someone to pull your file and change the status manually?
                        [1]...YES

                        [2]...NO

                        Comment

                        • #13
                          Two Nuggets
                          Senior Member
                          • Dec 2016
                          • 1054

                          Sorry to hear OP.

                          Looks like I'll be scratching off P2K as a place to do future business with.

                          Comment

                          • #14
                            ajb78
                            CGN/CGSSA Contributor
                            CGN Contributor
                            • Apr 2017
                            • 1441

                            Originally posted by pacrat
                            [1]...YES

                            [2]...NO
                            Thank you.

                            Comment

                            • #15
                              ajb78
                              CGN/CGSSA Contributor
                              CGN Contributor
                              • Apr 2017
                              • 1441

                              My LGS is saying it has not changed in the system, they say they have called a couple times now, only to get "the guy who answers phones" saying he'll pass it along to the DROS department.

                              30 Days/720 hours was up yesterday, 5/8 12.59.59.

                              When the delay was originally put on, they did state that after the 30 days they would release it, so I don't think the hold up is on there end, but who knows.

                              Comment

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