Live Scan for DROS Records & Delay Period

[Chewy65]

My DROS was delayed on day 7 and I have yet to get any instructions from the DOJ as to the "process" for reviewing and correcting records.

If it's a live scan, I started one over three weeks ago that is still in progress. I don't know if it is the correct level Someone with DOJ said what I requested was for employment and I needed firearms. The ORI is CA0349453 and the type of application is "Record Review". Can anyone explain what the DOJ source may mean by needing a firearms level?

Also my dealer told me that 30 days after the date it was placed on "delay" it would go to "undetermined" and I could then pick it up. Unless the dealer has some kind of house rule, isn't the status supposed to change from "delay" to "undetermined" 30 days after the date the original DROS papers were transmitted to the DOJ?

TIA.

[Condorguns]

My DROS was delayed on day 7 and I have yet to get any instructions from the DOJ as to the "process" for reviewing and correcting records.

If it's a live scan, I started one over three weeks ago that is still in progress. I don't know if it is the correct level Someone with DOJ said what I requested was for employment and I needed firearms. The ORI is CA0349453 and the type of application is "Record Review". Can anyone explain what the DOJ source may mean by needing a firearms level?

Also my dealer told me that 30 days after the date it was placed on "delay" it would go to "undetermined" and I could then pick it up. Unless the dealer has some kind of house rule, isn't the status supposed to change from "delay" to "undetermined" 30 days after the date the original DROS papers were transmitted to the DOJ?

TIA.

First, do you believe there is something on your record?

I normally don't recommend to my customers that they pay for a live scan if they are sure the record is clear as most delays are released without the livescan.. For customers who are denied or they know there may be a record that is catching DOJ interest the livescan is helpful.

I'm not sure what you are asking about the review and "firearms level". DOJ is looking for records that will prevent you from owning firearms. Here is a list of what they are looking for. http://oag.ca.gov/sites/all/files/ag...ibcatmisd.pdf?

And yes the 30 day's starts the day you started the paperwork.

[Chewy65]

First, do you believe there is something on your record?

I normally don't recommend to my customers that they pay for a live scan if they are sure the record is clear as most delays are released without the livescan.. For customers who are denied or they know there may be a record that is catching DOJ interest the livescan is helpful.

I'm not sure what you are asking about the review and "firearms level". DOJ is looking for records that will prevent you from owning firearms. Here is a list of what they are looking for. http://oag.ca.gov/sites/all/files/ag...ibcatmisd.pdf?

And yes the 30 day's starts the day you started the paperwork.

Hi Condor. I know there is nothing on my record that would prohibit me. There is something in my sealed juvenile history that would raise a flag if all the DOJ has is info on an arrest, but not the disposition, which was dismissed. If they also want to go back to when I was 14, I was treated for depression but not in a mental institution. I also have DROS'd guns in 2011 and 2012.

[Condorguns]

Hi Condor. I know there is nothing on my record that would prohibit me. There is something in my sealed juvenile history that would raise a flag if all the DOJ has is info on an arrest, but not the disposition, which was dismissed. If they also want to go back to when I was 14, I was treated for depression but not in a mental institution. I also have DROS'd guns in 2011 and 2012.

If this is the case I would sit back and let DOJ run the 30 days out. There is a good chance it will be approved before the 30 day mark. In the off chance you flip to undetermined do you know your FFL's policy on releasing on an undetermined ?

[Chewy65]

Yep. If it goes undetermined they deliver. One thing they told me that I asked them to look into is when the 30 day period runs. The one guy at the store said 30 from the date it was delayed and what I read, but may be missing something, was it was 30 from transmission of the DROS.

[ugimports]

30 days from start of DROS it will shift to undetermined (not from delay date).

[Chewy65]

Thanks UG. Between the combined input of yourself and Condor I feel much better about things. Still, I may do a live scan for a Firearms Record Review just to ensure that my record doesn't even suggest that I may be a prohibited person.

[ugimports]

I thought you could do a Personal Firearms Eligibility Check for that?

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

Also, the 30 day undermined may not flip automatically. It's a manual step for DOJ. I had to call them in on a customer that was at day 31 and then they flipped the flag allowing me to Deliver it. I have had a handful (5 or so?) in this category and only had to call in one.

[Chewy65]

Thanks. I was wondering what if the DOJ fails to immediately notify the dealer of a change in status to undetermined. I will call the dealer before driving out if it doesn't first contact me.

You may know this. Since I haven't been given a letter instruction me as to the process for verifying records, I don't know what such a letter says, but the DOJ website incorrectly instructs a delayed purchaser to use the wrong live scan form.

If you know you have a criminal or mental health record on file with DOJ, you can obtain a copy of your record by completing the Request for Live Scan Service (BCIA/BOF 8016) format: http://oag.ca.gov/firearms/forms.

Per calls to both the DOJ and the local PD, the form to use is BOF 8016RR. BCI/BOF 8016 is for POST Certification. Still, regardless of what the guy at general information for DOJ said, I wonder if the BOF wants me to use the POST Certification form so both a DOJ and FBI level is done.

(Edit: I finally received my delay letter. Unlike the web page, it clearly says to to a live scan with form BOF 9016RR, of which a copy was included.)

[Chewy65]

I thought you could do a Personal Firearms Eligibility Check for that?

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

Also, the 30 day undermined may not flip automatically. It's a manual step for DOJ. I had to call them in on a customer that was at day 31 and then they flipped the flag allowing me to Deliver it. I have had a handful (5 or so?) in this category and only had to call in one.

Now the one guy at the dealer is saying that he has never seen a status go to undetermined until before the 30 days expires and upon its expiration an FBI check will be done. It wasn't clear to me if the dealer does that or Cal DOJ, but the dealer said that since the DROS was over 30 days old something had to be done to comply with federal law. They will not deliver upon being electronically notified that it has gone to undelivered, but I have to wait for them to receive notification by snail mail.

[ugimports]

For clarification when was your DROS start date? Assuming it was 3/1/2015, 31 days from that is 4/1/2015. That is when it should change to Undetermined. There is no additional check an FFL does. The DOJ might, but presumably they do that before changing it to undetermined. It sounds like yours is already over 30 days old so they should be able to get DOJ to flip the flag and release. It's possible in this scenario the DOJ instructed them to wait for a piece of paper, but that hadn't happened to me in the handful of times I released.

[Chewy65]

DROS was 03/16/2015. I calculate that 31st day will be 4/16/16. It is the dealer's policy to wait for letter form DOJ confirming the status has gone to "undetermined" letter. It will release simply when DOJ flips the flag.

It was confusing, but he said that an FBI check would be needed since the original DROS will be over 30 days old. Who runs that is unclear, but he gave the impression that this check only takes a day or two. I wonder if he means that they make some kind of supplemental report of sale to the feds to comply with federal law; something not required by the state.

[ugimports]

I don't think that extra letter being referred to comes anymore since 2015 started. I know what he's referring to but don't recall receiving one for any Undetermined I had after the new year started. Could also be that the few I had since 2015 started resulted in Approved or Deny according to my logs.

[Chewy65]

The dealer just called with better info for me. The problem is that after 30 days they need a new NICS number per 27 CFR 478.102, which you probably know all too well. I just pulled it up and one example it gives follows.

Time limitation on NICS checks. A NICS check conducted in accordance with paragraph (a) of this section may be relied upon by the licensee only for use in a single transaction, and for a period not to exceed 30 calendar days from the date that NICS was initially contacted. If the transaction is not completed within the 30-day period, the licensee shall initiate a new NICS check prior to completion of the transfer.

DOJ runs the instantaneous NICS check and includes a new number in the a letter that should come in a about two days following the change of status to undetermined. This assumes no one knows about a few dozen convictions for mass murders.

https://www.law.cornell.edu/cfr/text/27/478.102