DOJ gets it wrong

[norcal13]

in 2009 i pled guilty to a felony on a wobbler.
deferred judgement for a year.
in 2010 i was sentenced as guilty of a MISDEMEANOR and given 3yrs summary probation and judge ordered all my firearms returned. passed the DOJ background check.
the charge was a wobbler so i walked away heaving a sigh of relief.
i bought a rifle in 2012.... no problems ... passed the background check.
in october of 2013 when my misdemeanor probation was finished i bought a 10/22.
denied.
DOJ letter stated i had a felony.
told my lawyer.
court clerk sent DOJ a correction.
i assumed it was taken care of.
DOJ came knocking last tuesday.
my certified copy of the court paper showing my conviction as a misdemeanor meant nothing to the agents. i told them to get a warrant.
i turned all my firearms over to the sherriff the next day.
now the court clerk is working with the DOJ again to get this settled.

any advice you calgunners can give would be appreciated... i really want to put this behind me.

[el tardo]

call your lawyer back. time to spend some money to fix it.

[kel-tec-innovations]

What a nightmare. Hope it gets straighten out.

[SkyHawk]

Some (plenty) misdemeanors carry a 10 year firearms prohibition. Since you didn't say what the charge was, no way for me to opine if the DOJ got it wrong or not.

If you however are 100% sure your specific charge was not a prohibiting charge, then get a lawyer and fight the power!

Best of luck and let us know how it turns out...

[norcal13]

a misdemeanor is not a felony.
DOJ agents said i was convicted of a felony.
same with the local sheriff when he ran my name.

the judge, clerk and paperwork disagree.

[SkyHawk]

If you are sure it is a non prohibiting conviction that was mis-reported as a felony, I would run a livescan on myself ASAP http://oag.ca.gov/fingerprints/security

Then use the DOJ procedure for disputing inaccuracies on your record http://www.courts.ca.gov/partners/do...mpleteness.doc
(You will get a current copy of that form back with your livescan results, use it instead.)

Good luck and let us know how it turns out.

[norcal13]

thank you.
i will start the live scan process tomorrow.

[jeremiah12]

in 2009 i pled guilty to a felony on a wobbler.
deferred judgement for a year.
in 2010 i was sentenced as guilty of a MISDEMEANOR and given 3yrs summary probation and judge ordered all my firearms returned. passed the DOJ background check.
the charge was a wobbler so i walked away heaving a sigh of relief.
i bought a rifle in 2012.... no problems ... passed the background check.
in october of 2013 when my misdemeanor probation was finished i bought a 10/22.
denied.
DOJ letter stated i had a felony.
told my lawyer.
court clerk sent DOJ a correction.
i assumed it was taken care of.
DOJ came knocking last tuesday.
my certified copy of the court paper showing my conviction as a misdemeanor meant nothing to the agents. i told them to get a warrant.
i turned all my firearms over to the sherriff the next day.
now the court clerk is working with the DOJ again to get this settled.

any advice you calgunners can give would be appreciated... i really want to put this behind me.

You may not like this, but your absolute best bet is to hire a competent gun rights attorney to straighten out this mess. It sucks to have to pay with the state screws up, unfortunately, that is life in Komicalifornica. If I had a say, when the state screws up, and a person has to hire an attorney to fix it, the state needs to pay when it is straightened out. Then I would take it out of the budget of the agency that F'ed up and ultimately the paycheck of the person responsible.

Full discloser, my job is funded by state tax money and I am tired of the co-workers of mine that are supposed to be professionals that continuously mess up and get away with it and still have a job.

Rant off, you are caught up in the APPS program (the armed prohibited persons program). It is behind the times and uses incomplete records. It also relies on the counties to continuously send updated records to the DOJ for them to keep updated. Records do not get sent, they get lost, there are not enough people to record them, and who knows what else happens (it can be fun to listen to the excuses if it were not so frustrating).

The DOJ will not believe anything but their records. They like their numbers and they need to confiscate guns. So the guns you turned into the Sheriff get lumped into the number of guns taken off of the street and out of the hands of dangerous people. Of course, it is safer to do this than go after the real criminals that are actually killing people with their guns and are not coming under the radar of the DOJ because they would never attempt to purchase a from a dealer the legal way. Those 10/22s are real scary, dangerous guns you know. Anyway, it is safer to go after the people least likely to be a danger with their firearms than the ones that will most definitely shoot back.

It is likely the DOJ has the original plea to a felony. They do not have the final disposition as ordered by the judge. They will likely only accept it through the official channels. They will not accept your certified court paper because they do not want to trust you. Of course, they will not take the time to go to the courthouse to check on it for themselves. You are supposed to do that. (Catch-22)

I wish you luck. This is not the CA I was born and raised in.

[pacrat]

i turned all my firearms over to the sherriff the next day.

OUCH! Now you will at the least have to pay State Mandated Extortion and waiting period in the form of LEGR.

[norcal13]

OUCH! Now you will at the least have to pay State Mandated Extortion and waiting period in the form of LEGR.

the option of having DOJ coming back to my home was untenable.
it seemed the safest option was the sheriff.

.....at least DOJ would believe them and stop the process from spiraling into the absurd.

[norcal13]

It is likely the DOJ has the original plea to a felony. They do not have the final disposition as ordered by the judge. They will likely only accept it through the official channels. They will not accept your certified court paper because they do not want to trust you. Of course, they will not take the time to go to the courthouse to check on it for themselves. You are supposed to do that. (Catch-22)

pretty succinct summation of the soup i'm stuck in.
the county clerk is adamant that she filed the disposition correctly.
...and the correction as well.
we shall see and i will report back.

[pacrat]

the option of having DOJ coming back to my home was untenable.
it seemed the safest option was the sheriff.

.....at least DOJ would believe them and stop the process from spiraling into the absurd.

Understood Bud, just mentioning the further unfairness of the position you are now in due to no fault of your own.

DOJ makes untrue allegation. To protect yourself and your property from DOJ. You surrender firearms to sheriff. When settled, you will still have to pay extortion to DOJ to get firearms returned.

Stacked Deck Dude, Stacked Deck. And likely funded by DROS funds Kamala stole from gun owners to start with.

[Jwood562]

What was the original wobbler?

DOJ does probably have the original felony conviction.

did you get it knocked down per 1203.4 PC? then 17 PC?

Some charges can carry to a federal prohibition after state.

[ElvenSoul]

What was the original wobbler?

DOJ does probably have the original felony conviction.

did you get it knocked down per 1203.4 PC? then 17 PC?

Some charges can carry to a federal prohibition after state.

This

[mshill]

i told them to get a warrant.

Not being sarcastc...what are the odds that they would have been able to procure one?