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Posted: 8/8/2003 3:09:30 PM EDT
Also posted at calguns.net/6/ubb.x?a=tpc&s=888602736&f=545600176&m=6616048193

If my friend trys to get a firearm and gets denied due to his backround will he get into some legal issues(in trouble)?And is there a way he can check his backround before he goes out and trys to buy a firearm?


Thnx

Link Posted: 8/8/2003 3:53:16 PM EDT
[Last Edit: 8/8/2003 7:05:34 PM EDT by realwar]
If your buddy gets denied he will not get in trouble with the law.However is he is convicted of misdeamor and on probation for a DUI or a drug conviction he will not be able to purchase a firearm until he is off probation.If he buys a rifle and denied he will be given a number to call the D.O.J.Have him call the number and they will tell him exactly why he got denied.Do not worry if this happens,because many people that have perfect records get denied all the time from computer error,due to social security number or from the last name being close to the same as other people.If he is a felon don't even bother as he will be denied and his probation officer will be notified.As for checking his backround,the only way to check is to do buy a handgun or rifle and do the Dros.Hopes this helps
Link Posted: 8/8/2003 4:33:49 PM EDT
Thnx for the help realwar.I just told him to just get a lawyer and for him to help him out and check is backround record.


Thnx
Link Posted: 8/8/2003 5:57:33 PM EDT
Good Idea to have a lawyer check depending on his background. CA doesn't use the NICS system (directly). the dealer runs checks through the state. The state may use NICS in addition to its records.

IF he is disqualifed, he better not try to purchase because in at least the following he is guilty just in attenpting to purchase -(from the AG pages -)

(g)(1) Every person who purchases or receives, or attempts to purchase or receive, a firearm knowing that he or she is subject to a protective order as defined in Section 6218 of the Family Code, Section 136.2, or a temporary restraining order or injunction issued pursuant to Section 527.6 or 527.8 of the Code of Civil Procedure, is guilty of a public offense, which shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. This subdivision does not apply unless the copy of the restraining order personally served on the person against whom the restraining order is issued contains a notice in bold print stating (1) that the person is prohibited from purchasing or receiving or attempting to purchase or receive a firearm and (2) specifying the penalties for violating this subdivision, or a court has provided actual verbal notice of the firearm prohibition and penalty as provided in Section 6304 of the Family Code.

I think there is a similar section for felons, but I didn't find it quickly.
Link Posted: 8/9/2003 1:10:58 AM EDT
With the way things are going here in Kali, I would suggest the following. IF your friend thinks that there is a possibility that he will be denied, I would say that that person is better off not trying. The following things will cause a denial:

Admission into a mental health institution
Probation or Parole status - will also confer an immediate call to his P.O.
I believe that even a misdemeanor domestic violence complaint will cause the wrath of the DOJ
Restraining order taken out

Warning, as of new January 2003 gun laws, mental institutions and therapists are required to report to the DOJ patients that they suspect of being capable of any type of violence, and what they are being treated for. This also applies to patients who voluntarily come in for consultation. This technically is supposed to only be used in cases where the therapist believes the patient to be a threat, so that it can be used to deny that person when applying to purchase a firearm, but come on. Just imagine what would happen if a patient whom the shrink did NOT report went out and shot his girlfriend, or robbed a place at gunpoint, or committed some other type of crime with a gun. Given this scenario, I imagine that shrinks will be reporting any and all patients just to keep their noses clean.

If your friend is currently being treated for some type of anger management problem or other type of problem involving the potential for losing his cool, he might want to ask his therapist if the shrink has reported him, I believe that if asked, the shrink has to tell you.

I imagine that it will take a long time, perhaps years, to get this up and running, so for now, this should be in the clear, but hey, who knows. Kali just sucks in this arena, who knows what they are going to come up with next.
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