Second Opinion - 1 in 30 Violation

[Nardo1895]

I got a 1 in 30 violation DROS rejection for a customer. We were 2 days off. I recalled reading something about how to resubmit on this forum so I did some searching. I found this string:

https://www.calguns.net/calgunforum/showthread.php?t=1174810&highlight=30+denial

The key part of that string is this:

ok so February was a short month and I had DROSED a handgun on 02/02/2016 and then again on 03/03/2016 I got a 30 day violation DROS denial because of the one day which I totally forgot, So I called DOJ and asked if the DROS can be done again since the 30 days passed from the Feb 2nd and he said no that I have to wait another 30 days from the March 3rd DROS and I was like WTF really. Is that correct?

The discussion that followed confirmed that the 1 in 30 clock resets to the date the rejected DROS application was submitted. This string was from 2016.

I called the DROS hotline. They said no, the clock remains as the date of the last successful DROS application. I tried to contact my DOJ field rep to confirm, but she is out of the office until the end of the month.

Have any of you FFLs done any resumittals recently? What was your experience with the 30 day clock?

Here is my actual timeline:

Submitted first DROS on 12/16/19
Delivered the firearm on 12/26/19
Submitted the second DROS on 1/13/20 (should have been after 1/15/20)

If the clock resets, I can't resubmit until 2/12/19. If the clock doesn't reset I can resubmit anytime now. I hate to waste another $37 so I'd like make sure.

Thanks

[waygeekierthanu]

It's the second start, the one that got rejected reset the 30. We've played this game before just last year

Sent from my Pixel 2 XL using Tapatalk

[SkyHawk]

There are a lot of threads here about it, plenty more recent than 2016.

Yes, the clock is reset every time you submit a DROS, it does not matter if that DROS is successful or not, doesn't matter if it was submitted in error. That is the way the penal code reads. You cannot submit more than one application to purchase in a 30 day period.

If you resubmit now, you will get rejected again and reset the clock again.

[Quiet]

It's the second start, the one that got rejected reset the 30. We've played this game before just last year

There are a lot of threads here about it, plenty more recent than 2016.

Yes, the clock is reset every time you submit a DROS, it does not matter if that DROS is successful or not, doesn't matter if it was submitted in error. That is the way the penal code reads. You cannot submit more than one application to purchase in a 30 day period.

If you resubmit now, you will get rejected again and reset the clock again.

What they said.

[Nardo1895]

Thanks for the responses. We are going to wait 30 days from the rejected DROS application. Its pretty disappointing that the DROS hotline gave me the wrong information.

[HPT]

I have had clients/myself submit a new DROS early before the 30 day window has completed resulting in a 30-Day Reject and I resubmitted when the original window was completed and it has always gone through.

[taperxz]

One DROS application every 30 days period.

The only way to avoid this is to cancel the DROS BEFORE DOJ catches it. Canceled is canceled but you’ll eat the DROS fee.

[Nardo1895]

I got an email response from my doj field rep. she said the dros date does NOT reset with the failed dros. it's 30 days from the last successful dros.

I'm not going to gamble $37.19 to test it but I have found her to be accurat in the past.

[Nardo1895]

UPDATE -- Based on the field rep indication that the 30 day clock does not reset with a 1 in 30 violation, we took a chance and went ahead and resubmitted the DROS without waiting 30 days from the second handgun DROS application that was rejected. Here is the entire timeline:

1st handgun DROS application - 12/16/19
1st handgun delivery - 12/26/19

2nd handgun DROS application - 1/13/20 (should have been 1/15/20)
2nd handgun rejection - 1/16/20

2nd handgun DROS reapplication - 1/30/20
2nd handgun delivered 2/10/20

So the clock doesn't reset with a 1 in 30 violation. If it did, I could not have successfully resubmitted until until February 12.

[csshih]

that's news to me! the penal code reads as application to purchase firearm. I wonder if the DOJ is being more lenient now that fees are so high.

[kemasa]

One aspect is that the response could depend on who is looking at it. Their view might be different.

It would be really nice if we could get an official answer, but I know that is too much to ask for.