Instant background checks

Discussion in 'The Constitutional & RKBA Forum' started by deadeye_doug, Apr 4, 2009.

  1. deadeye_doug

    deadeye_doug New Member

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    Friends...

    I need a little help in determining whether I am screwed, or not, if or when I plan to take a short trip out of Kalifornia to the freer states of Utah, Colorado, or Arizona to purchase firearms.

    Current dilemma:

    Back in Dec. 07, while in the midst of experiencing financial hardship and uncertainity, alcoholism and depression (mostly depression) I became a little bit unhinged in front of my wife (this involved an unloaded M&P 40 to my head threatening to kill myself). To make a long story short, I was subsequently arrested & held for 72 hours in county for assessment (5150). My firearms were seized by the Sheriff (for "safe keeping"). The code I was held under was "Pursuant to Welfare and Institutions Code 8103(f)(4)" Ever since my release after the 72 Hrs. I have been in an uphill battle trying to convince the county's asst. D.A. in charge of the "firearms section" that I am no longer a danger to myself or others. This guy has demanded that I get alcoholism therapy, anger management and additional therapy by the psychiatrist I was seeing for depression treatment, with medical history to be made available to his office. All this and he will consider giving the judge overseeing my monthly hearings the green light to restore my gun possession rights. It is now April '09 and feel as though I made significant progress, though I do not trust the D.A. to play ball. Because of all this, I am now planning to head out of state to purchase a shot gun and a rifle to bring back home with me for protection and...before OBAMA (and the State of Kalifornia) wipes out all of the ammo and guns in the land.

    Now my question:

    Will a Brady federal check / NCIS check in CO. AZ. or UT. reveal to the firearms dealers in those states that I am still prohibited from purchasing/possessing firearms, anywhere? This is my great fear, that I will be screwed for the next 3.5 years until which time my mental health record is cleared. Any help or support would be appreciated.

    Thanks,
    deadeye_d, Hemet, CA USA
     
  2. 308 at my gate

    308 at my gate New Member

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    If there is a court order not allowing you any fire arms I really do not know how your going to get around that in California or any other state. If your residency is in California I did not think you could legaly buy guns from another state without it being transferred from a FFL dealer in that state directly to a FFL dealer in California. Good Luck with your recovery and I hope all works out for you. Sounds like a tough spot.
     

  3. CampingJosh

    CampingJosh Well-Known Member

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    It seems likely. The NICS check is run by the FBI, so the info is almost certainly in there. I can't believe that California would fail to report your status.

    Even if the system didn't catch you, and you were allowed to make the purchase, it's a bad idea to go around the system like this. You do have a legal means of recourse available, and that should be your first option. If the system does not catch you and you are able to make the purchase when you are ineligible to own a firearm, you have likely committed a felony, which will mean time in prison and permanent forfeiture of your right to own a firearm.
     
  4. rockntractor

    rockntractor Former Guest

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    decisions have consiquences. even if you were not your right mind. whats to say you won't do it again. it has not been that long . find another hobbie for a while. a lot of water will have to pass under the bridge.
     
    Last edited: Apr 4, 2009
  5. Teejay9

    Teejay9 New Member

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    Dear friend, you are in a category that, like it or not, helps protect innocent people from the unstable among us. I don't know, but your alcoholism and mental depression, mixed with firearms does not sound like an ideal situation. If you are actively seeking help, then good for you, my hopes and prayers are with you. But in all seriousness, I really don't think you should go about trying to get your hands on more firearms. With all that's happened in the last month or so with mass shootings, I believe you should put your quest on the back burner. I believe that the law in California is there to protect, not a device to keep stable people from buying guns. This is one gun law that I have to support. TJ
     
  6. glocknut

    glocknut Active Member

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    Ditto!

    mike
    gn
     
  7. Mr. Nameless

    Mr. Nameless New Member

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    One word, Mexico. And just incase people don't know what I mean by that, move to Mexico.
     
  8. CJ7365

    CJ7365 Member

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    I would like to know why you come on this forum and ask for advice that you already know is wrong, and somehow try to justify your felony intentions. Dude, your asking us, is it ok to break the law:eek:. your quote,

    "The code I was held under was "Pursuant to Welfare and Institutions Code 8103(f)(4)" Ever since my release after the 72 Hrs. I have been in an uphill battle trying to convince the county's asst. D.A. in charge of the "firearms section" that I am no longer a danger to myself or others. This guy has demanded that I get alcoholism therapy, anger management and additional therapy by the psychiatrist I was seeing for depression treatment, with medical history to be made available to his office. All this and he will consider giving the judge overseeing my monthly hearings the green light to restore my gun possession rights.

    You cannot posses a gun, it doesn't say it ok if you buy one somewhere else.
     
  9. 308 at my gate

    308 at my gate New Member

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    I would just like add one other thing for Deadeye Doug. I know you have problems now but if you are caught with an illegal firearm your problems are going to multiply by ten fold. You need to let the firearm issue go for now and get on with your recovery.
     
  10. Mr. Nameless

    Mr. Nameless New Member

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    *whisper* Carry a knife.
     
  11. deadeye_doug

    deadeye_doug New Member

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    I, with all sincerity, feel highly recovered though I still strive for better conditions in my life. That sole episode on 12/10/07 that sent me up for 72 hours was a cry for help and not an involuntary, uncontrolled reaction to the times. I got my help and also received the necessary tools to overcome & adapt to the mess around me. I've been completely dry for 4-months. Prior to that I maybe went through a 12-pak, or less, of beer in 1 year. Been to AA, took/satisfied the terms of professional anger management, left a job I was unhappy with, became involved with men's ministry at my church, plus, my wife and kids are happier and in my corner. Financial concerns still exist but not to the same extent as before. Right now I couldn't be a better candidate for firearms restoration. Additionally, those firearms were also "working guns". My career in security depended on having them. (Yeah, I know I shoulda thought of that before snapping). My overall concern is the safety of my family in troubled times and the probability of "our" 2nd Ammendment rights being infringed upon (and possibly eradicated) by a liberal, socialist, anti-gun regime currently in power in D.C.

    Look, my goal is to place those guns (however I obtain them) in storage for emergency, crisis conditions, if or when, our gun rights are in jeopardy. I am looking at the big picture here. That's all guys.


    dead_eye_d
     
  12. deadeye_doug

    deadeye_doug New Member

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    Yes...

    I entered into this forum, not just for this one piece of advice, but to participate in fellowship of one kind, or another, with other gun owners. I am NOT seeking out instant loopholes in the law just to obtain illegal guns to use in a mass killing spree. I simply asked if a pro-gun rights state outside of a Kalifornia (e.g., AZ, TX, CO, UT, etc.) was federally obligated to run a Brady check, NCIS, etc. and if my "situation" in Kalifornia would surface. Are they not just checking for felonies and involuntarilly committed, bonafied mental cases? If my case did not show up in the background, then I did not break a law in that state. I don't even plan on living more than a couple more years in my present waste of a state. We're out as soon as my daughter graduates H.S. in 2011. I have no desire to possess firearms in a highly populated area for the sole purpose of doing extreme harm. I have become heavily invested in serving my Lord, my family and my neighbors. I WILL NOT "F" that up by hurting those I wish to serve. I'm just a normal, everyday family guy, who loves life and living...like many of you. With all that said, I still refuse to allow my/our government to steal away my 2nd Ammendment rights in the fog of the night....PERIOD!!

    Oh...and BTW..I am a paying NRA member, as well as a safe, accurate & responsible gun owner. This may not matter one ioda to any of you but, I thought I'd throw that out there. Peace be with all of you.

    deadeye_doug
     
    Last edited: Apr 5, 2009
  13. deadeye_doug

    deadeye_doug New Member

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    Psst...I do..and I plan on adding to my collection. Just keep this little bit of info to yourself though...OK? [/SIZE];)
     
  14. Big ugly

    Big ugly New Member

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    There is a way that you can get it overlooked leagally. It falls under the same section of the law as say people who got felonies for something other than a violent crime. What I mean is Child support felonies and tax felonies, those sort of things. With the exception of california and a few other states. I am not too sure what they are off the top of my head for rhis is not a subject I research alot. You will have to pay a lawer to get the ruling expunged from your record. However you will not be able to get a CCP with this on your record no matter what state you move to.
     
  15. army mp

    army mp Member

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    I will add a scene that play out in my local gun shop. A guy was in the shop Buying a shotgun, I thought the paper work was taking longer than usual. Then two PA State troopers came in and escorted the guy out .in Hand cuffs, His name was in the local paper the next Day. along with the additional charges. My opinion, take up fishing till you get your legal problems taken care of.
     
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