DROS question

[acespawnshop]

So, I had a good question asked the other day. Is it possible for a person in CA to purchase a firearm, have it dros'ed to them, wait the 10 days, have DOJ clear their purchase take it home and have that person be a prohibited person? Does CA have multiple avenues of checking a person's eligibility? The purchaser says they was never told their gun rights were taken away. Then quite some time after the purchase be contacted to say they are should not be able to own a firearm and have the gun they purchased taken from them? This person has not had any problems with the law since the time they made application to purchase the gun and the time it was taken from them?

[Librarian]

Yes, it is possible.

It appears to be related to a number of out of state repositories of arrest data becoming available, or some older CA records becoming available. Those seem not to have some dispositions recorded, so the CA-DOJ has been going back to people demanding that they clear those up.

[Redeyedrider]

I'm sure the buyer must be aware of something from their background that is disqualifying (it's kind of hard to miss that type of conviction). I can't imagine DOJ confiscating the firearm due to "no recorded deposition". They probably found confirmation of a deposition that was previously unrecorded. Unless they made a major mistake and are violating the buyers 2A.

[Tyke8319]

Had a customer purchase a Rem 870 for duck hunting. DOJ denied the transfer.
The customer was 56 years old and purchased 3 other firearms over the past 25 years with no problem. Customer inquired of DOJ as to why the denial and was advised it was because of an assault charge when he was 18 in New Jersey. The charges were dismissed but apparently NJ court neglected to update the paperwork. Somehow it sat in limbo over the years and never made it to the national database. Customer contacted the NJ court; they corrected the error; DOJ was contacted and 8 months later ( after duck season) the customer bought his shotgun.
As retired LEO this sort of this is fairly common. I seen occur throughout my years. And, it's not surprising considering the amount of paperwork the system generates.

[acespawnshop]

In this particular case the purchaser was aware of their conviction. It was a federal misdemeanor charge and they made the court and their federal probation officer aware of the registered AW they had in their possession. The 2nd weapon was purchased roughly 6 years after the misdemeanor plea and they passed their background with DOJ, then approximately a year later they were contacted by DOJ.

[Redeyedrider]

Was the purchasers federal misdemeanor a gun conviction?

When charges are dismissed and there's no recorded deposition from the case it is not grounds for a denial. To trigger a denial there should be a positive hit for a disqualifying conviction. The lack of a deposition (no matter what the arresting charges are) is not grounds for disqualification. It means the DOJ should delay transfer for up to 30 days while they investigate the details. I assume this would lead to an "undetermined" classification, since DOJ is obviously to busy to put in the leg work to clean up their records.

edit to add -

I just realized I was in the FFL Forum. I'm not an FFL and have very little firearms law knowledge (beyond common sense and being on the buying end). Please take my previous posts with a grain of salt. I should only come hear to ask questions.

[acespawnshop]

No it was not a gun conviction, without putting the purchaser on blast, it was more of a disorderly conduct charge that happened somewhere that fell into federal jurisdiction. The purchasers handgun was approved after the 10 day wait, not undetermined. Then a year later is when they showed up at his place to "verify his guns". His handgun he had done a PPT on before the DOJ showed up but they did take the receiver of the RAW.