Idaho Ca screwed me again!

[terdog]

First, if this is in the wrong section, please feel free to move it. Thanks mods!

Back in 1988, I was living in Ca. Long story short, I got arrested but charges were dropped immediately. No charges filed by the DA.
Of course, Ca DOJ reported the arrest to the FBI, but apparently never notified them that the charges were dropped. Frickin morons.
I buy some handguns, shotguns no problem. Sandy Hook happens and Ca decides to change their system.
Next time I go to make a purchase, I'm denied.
Shortly thereafter, I move to Nevada. I can breath again!
But, when applying for my CCW in Nevada, this rears its ugly head again.
But luckily, the Dept of Public Safety calls me and tells me whats up. The lady tells me that they can tell that charges were dropped because there was no trial or fines/jail/probation. She wants me to get her a letter from the DA's office in the county where it happened saying that nothing ever came from it. The DA does and I get my CCW. I buy a few pieces with my CCW permit and don't have to do the background check. All is well.
I move to Idaho and run into the same issue with CA!

Anybody have ideas on how to fix this? Seems like I have to get fingerprinted and file a form with Ca (and pay $25!!! for their screwup) for them to run a criminal history on my, then file another form to make any corrections.

Thanks in advance.

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[Goosebrown]

Get another letter from DA or Cal DOJ. then xerox it and put it in your files.

 

[terdog]

I have the letters (hard copies & scans to my computer) from the DA. But CADOJ doesn't care. I'm told that there is this 1 process and thats the way that they want it. Just wondering if I'm going the right route.

 

[WillametteWill]

Hmmm, so what I don't understand is that no conviction would have ever been reported, only the arrest. Arrests, per se, should not disqualify a buyer unless there is a current indictment pending, which based on what you are saying would not be the case. I don't believe CA would actually need to report the charges were dropped / not filed, I believe they would only follow up to advise on the conviction. (There is a case clearance form but if nothing ever happened sometimes these are not completed because the case is still "open".)When you look at the printouts it clearly shows if there was conviction or not. What I don't know is how this interacts with gun purchasing / CCW licensing.

Hate to say it but you may need to jump through the hoops of getting their form. Having worked as an LEO in CA, I am disgusted at how they (the state level, gun hating bureaucrats) are basically making up "laws" in the form of policies. The ammo purchasing laws are about the worst example.

 

[terdog]

Seems that the logic is that since a report of an arrest was filed, the FBI has that and sees a RED FLAG. They apparently want to know more about it.
I'm currently trying to get clearance here in Idaho for a purchase. My status Sunday night at my FFL's was that I'm on hold pending the mandatory 3 day wait, while the FBI sends a notice to CADOJ and waits for them to respond.
What happened a few yrs ago in Nevada, was that at the end of the 3 days, CADOJ had NOT RESPONDED & I was given a "UNDETERMINED" status and its then up to the FFL whether or not to release the firearm to me.

At 1 point back in Nevada, I actually got ahold of someone @ CADOJ (can't do that now), and that person assured me that it was taken care of. Jackwagons!

 

[terdog]

Today I did errands and got Live Scanned, filled out the CADOJ form, bought a USPS money order and dropped it all off at the post office.

Starting the process.

Wonder if I should do the same with the FBI ...

 

[BAJ475]

Dear terdog,
Consider the following from the CA Penal Code. PEN §849.5. In any case in which a person is arrested and released and no accusatory pleading is filed charging him with an offense, any record of arrest of the person shall include a record of release. Thereafter, the arrest shall not be deemed an arrest, but a detention only.
PEN §851.6. (b) In any case in which a person is arrested and released and an accusatory pleading is not filed charging him or her with an offense, the person shall be issued a certificate by the law enforcement agency which arrested him or her describing the action as a detention.
(c) The Attorney General shall prescribe the form and content of the certificate.
(d) Any reference to the action as an arrest shall be deleted from the arrest records of the arresting agency and of the Department of Justice. Thereafter, any record of the action shall refer to it as a detention.
It appears that you are in Coeur d'Alene. Send me a message if you wish to discuss this further.

 

[tiggers97]

Get another letter from DA or Cal DOJ. then xerox it and put it in your files.

Get it (or a couple) copies notorized as well.

 

[terdog]

At this point it seems to be either the FBI's issue or CA DOJ. They seem to have a disconnect.

 

[terdog]

3 1/2 months later, and NOTHING HAS BEEN RESOLVED.

 

[Valhallarms]

Your gonna have to get a upin for paperwork...ca and the FBI both will never figure it out.

 

[BAJ475]

terdog,

Have you determined if the problem is with CADOJ or the FBI? If it is with the FBI, then you will have to file an FBI NICS appeal. I have been through this process before. If you want to discuss this further send me a message. I am in Post Falls.

 

[Stomper]

The ONLY thing that'll fix this properly, is a HUGE earthquake along the San Andreas fault..... it's for the little chil'ren!

 

[fredball]

Stop moving around problem solved

seriously do what they want and save copies

keep in mind they will make and example out of you

if you don't conform or resist

 

[Stomper]

Stop moving around problem solved

seriously do what they want and save copies

keep in mind they will make and example out of you

if you don't conform or resist

But that would admit that California is the boss of him!

 

[fredball]

California has finstien, boxer, palousy, and that other dumb azz can't recall her name

that state is so screwed up
they will issue and arrest warrant for him then no one is having fun

Eat the crow and move on

 

[BAJ475]

Stomper and fredball, I do not oppose bashing CA but you are missing the true problem. It was not until terdog moved to Idaho that the problem resurfaced. ("I move to Idaho and run into the same issue with CA! ") As far as I know, Idaho FFLs do not have access to CA DOJ's prohibited person data base and only use the NICS database. This shows that the problem is with the FBI. What is unknown is whether CA DOJ records are incorrect or if it is just a problem with the FBI. There are numerous cases where the FBI incorrectly deems a person to be prohibited when that is not true.

 

[terdog]

Stop moving around problem solved

seriously do what they want and save copies

keep in mind they will make and example out of you

if you don't conform or resist

Huh???
I WILL move when I want to despite the F'd up CA.GOV.

I HAVE done what they want and I do have copies of everything.

I am conforming to their rules.

 

[fredball]

I was joking good luck

 

[terdog]

What is unknown is whether CA DOJ records are incorrect or if it is just a problem with the FBI. There are numerous cases where the FBI incorrectly

Yes, the Problem is that CA DOJ has not updated the records between them and the courts. I did the Live Scan and asked for my Criminal History. The record shows an arrest but nothing after that. It is, according to the record, unresolved after all these decades.
Despit my having a letter from the DA, CA DOJ does not care. As far as they know, it could be a forgery. They need a certified copy from the DA THEN a determination from the court.
As overworked as the DA is, and with the courts on hold due to Covid ...