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Thread: Firearm Background Check Delay

  1. #1
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    Firearm Background Check Delay

    Hello all,

    I'm active duty military stationed in California (RAH!), orginally from Minnesota and trying to obtain my first pistol. My firearm arrived at my FFL on the 10th of April and I got my background check started. I got a call yesterday saying that my background check has been delayed because of a misdemeanor (disorderly conduct) on my record from Minnesota. FYI as far as the misdemeanor: I served no jail time, paid my fine and everything was taken care of. It was not domestic assault, violence or anything really serious in nature (I got into a small bar fight and my parents knew the cops so they just gave me a ticket and sent me home). I have a few questions regarding this. First, will disorderly conduct cause my background check to be denied? I've been researching grounds for denial in California and, from what I've read, the misdemeanors that would cause a denial would have to be involving some sort of domestic assault, threatening an officer or discharge of a firearm (mine was neither). Second, how long will this delay be? I've read that it takes active duty military members longer to be approved when they are from out of state. Has anybody had experience with being out of state and having their background check be delayed for a charge similar to mine? I'd love any advice on what to do as well as assurance that I will eventually be approved for my purchase.

    Thanks in advance,
    Adam

  2. #2
    Regular Member mjones's Avatar
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    Quote Originally Posted by goose3612 View Post
    Hello all,

    I'm active duty military stationed in California (RAH!), orginally from Minnesota and trying to obtain my first pistol. My firearm arrived at my FFL on the 10th of April and I got my background check started. I got a call yesterday saying that my background check has been delayed because of a misdemeanor (disorderly conduct) on my record from Minnesota. FYI as far as the misdemeanor: I served no jail time, paid my fine and everything was taken care of. It was not domestic assault, violence or anything really serious in nature (I got into a small bar fight and my parents knew the cops so they just gave me a ticket and sent me home). I have a few questions regarding this. First, will disorderly conduct cause my background check to be denied? I've been researching grounds for denial in California and, from what I've read, the misdemeanors that would cause a denial would have to be involving some sort of domestic assault, threatening an officer or discharge of a firearm (mine was neither). Second, how long will this delay be? I've read that it takes active duty military members longer to be approved when they are from out of state. Has anybody had experience with being out of state and having their background check be delayed for a charge similar to mine? I'd love any advice on what to do as well as assurance that I will eventually be approved for my purchase.

    Thanks in advance,
    Adam
    From what I understand the the CA DoJ has implemented policies to delay approval of release of the firearm if they are unable to determine the disposition of any law enforcement action which is even potentially a prohibitive offense.

    My guess is that CA DoJ is unable to see the disposition of your 'arrest'

    If you can retrieve that information and get it into the hands of the DoJ it *might* speed things up.

    FYI, the Calguns Foundation has started a lawsuit against the CA Attorney General over this issue.

  3. #3
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    Quote Originally Posted by mjones View Post
    From what I understand the the CA DoJ has implemented policies to delay approval of release of the firearm if they are unable to determine the disposition of any law enforcement action which is even potentially a prohibitive offense.

    My guess is that CA DoJ is unable to see the disposition of your 'arrest'

    If you can retrieve that information and get it into the hands of the DoJ it *might* speed things up.

    FYI, the Calguns Foundation has started a lawsuit against the CA Attorney General over this issue.
    "instant check" isn't that instant .... apparently !

    Link to webpage related specifically to the issue: http://www.calgunsfoundation.org/201...ground-checks/

    Reading reading reading


    They still OK BR checks though, it appears ...
    Last edited by davidmcbeth; 04-19-2013 at 01:00 PM.

  4. #4
    Regular Member mjones's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    "instant check" isn't that instant .... apparently !

    Link to webpage related specifically to the issue: http://www.calgunsfoundation.org/201...ground-checks/

    Reading reading reading


    They still OK BR checks though, it appears ...
    Sadly, CA has never participated in the National Instant Check System (at least as a consumer)

  5. #5
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    Firearm Background Check Delay

    How many places are you going to post this?


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