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  1. #1
    BoxerDogs is offline Junior Member
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    May 2011
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    I need opinions or advice? Please! Reguarding DOJ

    Hi everyone, I'm new and thought I'd ask my question here because it seems like a good place to start. I need some advice and input from you experts out there. I purchased a Sig Mosquito .22, 8 days ago now from a Turner's Outdoorsman here in Southern California. I am 29 years old and this is my first gun purchase. Today they called me to let me know the Dept Of Justise has put a delay on my sale until further notice. They were not given any information other than this and told me to I'd have to wait until they had further notice from DOJ.

    I'm guessing that the delay is due to my past. I made a stupid mistake when i was 20 years old in 2003 when I was arrested and charged felony drug possesion of half a gram of cocaine. (From that very day I learned my lesson and haven't touched an illegal substance since.) I obtained a lawyer at the time and he got me into a court ordered program under Penal Code Section 1210, with terms and conditions such as attending classes and paying all my fines.

    I still have the letter from my attorney and it states "Under Penal Code Section 1210, once a person successfully completes court ordered treatment the case is DISMISSED pursuant to Penal Code Section 1000. Once the case has been dismissed, then under Penal Code Section 1210(d) there is no conviction and the drug conviction shall be deemed to never have occurred." The letter also states, "Once the case has been dismissed you may indicate in response to any question concerning your prior criminal record in this matter that you were not arrested or convicted for the offense."

    Sorry for all the leagal mumbo jumbo, But I figured it would help you all understand my situation more clearly. Now for my question, I have been in zero trouble with the law since this incident. But I'm assuming this is the reason for delay, do you guys think I'll be denied a sale for my gun because of this? Or will the DOJ see that the case is dismissed and allow the sale of the gun to me. I checked my local counties court website and on their it shows my case but under status it clearly says "dismissed" Wouldn't this make it clear and easy for DOJ to allow the sale? Im kinda confused, maybe I'm overreacting and the DOJ is just backed up with sales and needs more time? What is your input as it is much appreciated! Thanks -Adam

  2. #2
    Steve M1911A1's Avatar
    Steve M1911A1 is offline Senior Member
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    Since I am not an attorney, I can't offer any germane advice that's better than: Man, you need to consult an attorney.

  3. #3
    Join Date
    Apr 2011
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    Quote Originally Posted by Steve M1911A1 View Post
    Since I am not an attorney, I can't offer any germane advice that's better than: Man, you need to consult an attorney.
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  4. #4
    Ala Tom is offline Junior Member
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    Apr 2011
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    Northern Alabama
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    Before spending the money on an attorney, use the letter from your previous attorney. Find out what law enforcement agency in the local area is handling the background search. The store can tell you that. It may be the police department in your town/city or the sheriff's department for your county. Make a copy of that letter, schedule an appointment with someone in the LE office handling the clearance and bring them a copy of your letter. They may be able to FAX that to the appropriate office in DOJ. At least it would show them you did not have to note this incident on your application.

    That's what I would do. This is just free advice - not free legal advice.

  5. #5
    ozzy's Avatar
    ozzy is offline Member
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    Hendertucky Nv.
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    You might want to bring them a copy of the letter and a little cup with a sample. Sorry , I couldn't resist. Seriously, if you have been clean and straight forward just contact them and ask what do I do? Also remember you live in Commiefornistan by the way! I moved from there many years ago to avoid the BS.

  6. #6
    twomode is offline Member
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    Jun 2009
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    NC
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    If your non conviction is the reason for the interference, consider this another example of the erosion of your liberties under the current administration. Maybe a freedom of information request might help without too much cost. Good luck.

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