Delayed Background Check

[SMarquez]

I'm asking for a friend and will try to make it as short as possible.
A couple years back a friend wants to ppt a handgun.
He goes to a pawn shop FFL in Rialto for the transfer. He is delayed. He knows why, it's 3 d.u.is and a cultivation conviction 30 years ago. The delay goes beyond 30 days. As I understand it becomes the FFLs discretion to release so the pawn shop released the gun to him.
He previously had a livescan to become a youth pastor and drug/alcohol counselor and for RE license. There are no surprises on his Livescan. He does a second Livescan recently just to see if anything changed, no changes.
In the last couple months he wants a Springfield HD. He goes to Turners and while doing his paperwork mentions he was delayed in the past and since he was able to take possession after 30 days does Turners have a problem releasing if delayed again. An emphatic No, we will not release. Since it's discretionary and company policy, no hard feelings.
He returns to the pawn shop, but pays more for the pistol, goes through the background with no delays/denials and receives his pistol in 10 days.
It seems all is well right? Two weeks after receiving his pistol he receives a letter form DOJ explaining his reason for denial.
Can someone explain how any of this happens? Your related experiences and solutions if any?
Is he truly denied? Is he in any legal danger for having the pistol?
Thanks,
Steve

[Baboosh]

So he completed DROS and then got a denial letter after the firearm was released?

If so contact the FFL to make sure it was his current DROS that was denied. DOJ has already contacted FFL and the DOJ will want the gun from your friend if it was rejected after delivery.

[LowThudd]

Schedule 1 narcotics manufacturing(cultivation) is a lifetime ban, no? I could be wrong, but that is my understanding.

[RickD427]

It's lawyer time for your friend. There's simply too many variables here for lay folks to give meaningful information, and your friend has too much to lose in terms of his criminal liability if he acts on poor advice.

At the worst, your friend has a felony conviction as a result of the cultivation of marijuana case. That makes the simple possession of a firearm a felony, under both federal and California law.

California DOJ records are very horribly maintained and likely explains why your friend received a delayed check instead of a denial.

That's the worst of the possibilities, there are better possible explanations for what occurred, but to go through them requires more facts than are in this post. A qualified lawyer can make the necessary inquiries and give competent advice.

[SMarquez]

I don't know what cultivation meant 30+ year ago compared to now.
RickD, always like your posts. Very concise and informative. Funny how the state has had 2 chances for a final determination and missed both times but seems that now the burden would be on him. Hopefully a good lawyer would crush aomething as goody as all this.
Thanks everyone for your replies.

[LowThudd]

I don't know what cultivation meant 30+ year ago compared to now.
RickD, always like your posts. Very concise and informative. Funny how the state has had 2 chances for a final determination and missed both times but seems that now the burden would be on him. Hopefully a good lawyer would crush aomething as goody as all this.
Thanks everyone for your replies.

I believe that judges during the Reagan/Bush years were particularly tough on MJ growers. Part of the DARE initiative. More than likely was ruled a felony, but that is what a lawyer is needed for.

[GOLDEN GUN]

Two things raise question here..

First, how did he Dros slip allow delivery? It must have said approved for the FFL to relinquish the gun.

If it says delayed, the old law was that it's at the FFLs discretion to release it or not.

I heard there is a new law literally allowing or forcing an FFL to deliver the gun after 30 days with no response from DOJ but I may be wrong.

[baranski]

I heard there is a new law literally allowing or forcing an FFL to deliver the gun after 30 days with no response from DOJ but I may be wrong.

Wouldn't that be moving backwards?

[acespawnshop]

I heard there is a new law literally allowing or forcing an FFL to deliver the gun after 30 days with no response from DOJ but I may be wrong.

I have always received a memo stating that they have "undetermined" Status for the firearms when no response was given by the DOJ after 30 days. AB 500 is what took care of this never ending delay process the DOJ was fond of.

[SMarquez]

UPDATE

Today I talked to my friend. He had called DOJ yesterday and someone returned his call today. He was told his background is free and clear and he would not be delayed again or "undetermined". The letter was a coincidence arriving when it did. He was told there was no conviction for the cultivation but the arrest triggered the delay.
I advised him to call back and get a letter from DOJ confirming the conversation. There is way too much of the left hand not knowing what the right hand is doing at DOJ.

[LowThudd]

Today I talked to my friend. He had called DOJ yesterday and someone returned his call today. He was told his background is free and clear and he would not be delayed again or "undetermined". The letter was a coincidence arriving when it did. He was told there was no conviction for the cultivation but the arrest triggered the delay.
I advised him to call back and get a letter from DOJ confirming the conversation. There is way too much of the left hand not knowing what the right hand is doing at DOJ.

Good to know. Yea, without a conviction, no prohibition.