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Thread: California - background check delay

  1. #1
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    California - background check delay

    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
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    Delayed or denied?

    I don't know if CA has additional checks and requirements, but the feds won't explain a delay, just a deny. Delays are usually the result of the computer not being able to answer the question and having to kick it to a human.

    If the conviction could have carried a sentence of over one year, whether it did or not, you are a prohibited person (under federal law) and may not purchase a firearm.

    If this is the case, get a lawyer for further help.

  3. #3
    Regular Member WalkingWolf's Avatar
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    From what I read DC is only a $1000 fine and or 90 days, unless the person is a caregiver, then it can be up to a year in jail. I was reading a list at the sheriffs dept last week, and there are a whole lot of new charges that will result in denials. Basically any violent misdemeanor, but that may only be for NC. Disorderly conduct was on the list. These maybe some of Obozzo's executive orders, or maybe not.
    Last edited by WalkingWolf; 04-18-2013 at 10:27 PM.
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  4. #4
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    It was delayed. The reason I found out why is because I called the CA DOJ Firearms department and they told me it was because of a disorderly conduct (although the voicemail i listened to the first time i called said they were not allowed to talk about that over the phone...weird). Anyway, they told me they were waiting for the Minnesota courthouse to fax them a copy of my court paperwork detailing what I was convicted with and what not. Just FYI, my total fine was $270.00, no jail time, no community service or anything else.

  5. #5
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    California - background check delay

    It sounds like CA has their own system. If their standard is the same as the feds, then it does not matter at all what the sentence actually was, only what the max could have been. For federal law, if the sentence could have been more than one year, you are a prohibited person. This may be what they are contacting MN about, the maximum punishment.

    I can't speak for CA DOJ, but the FBI won't discuss a delay, only a deny, and they won't discuss it over the phone.


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  6. #6
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    According to this http://www.myminnesotadefenselawyer....derly-conduct/ disorderly conduct in Minnesota is punishable by up to 90 days and/or $1000.00 fine. So according to the federal law I would be ok, right? Also, in the California Firearm Laws http://oag.ca.gov/sites/all/files/ag...s/Cfl2007.pdf? on page 20, none of the misdemeanors would apply to this situation. Does anybody have any disagreeance with these sources?

  7. #7
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    If you are correct as to MN penalties, then you would be OK under federal law. I cannot speak to CA law.

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