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Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 5767
Experience:  20 years experience as a civil trial and appellate lawyer
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I am a 61 y/o man. I have been a resident of, I've been a

Customer Question

I am a 61 y/o man. I have been a resident of
JA: What state are you in? It matters because laws vary by location.
Customer: I've been a legal resident of California since 1969, and a citizen since 1976. I have one misdemeanor on my record from 1991 for disorderly conduct prostitution; I was single at the time and I did not have a girlfriend and I offered money in exchange for sex from a vice cop. The record was expunged 1n 1994. I have had an ongoing Pharmacist license since 1982 without any infractions. I have had background checks for the following: U.S passport, fiancee visa , Global Entry, Sentri pass, and TSA pre, all within the past 3 years. For the first time in my life, I applied online to obtain a hand gun in July 2016, and I just got a rejection from the DOJ. Other that one infraction in 1991, I have committed no other crimes. I got the California Criminal History Information and that is the only crime that they list. Is there an appeals process?
JA: Has anything been filed or reported?
Customer: I just filed the PFEC "Personal Firearms Eligibility Check" that was rejected due to the misdemeanor in 1991. Then, I Requested a Live Scan Service which got me the California Criminal History Information. Other than that, I have not filed for anything.
JA: Anything else you want the lawyer to know before I connect you?
Customer: My wife is not aware of that record and I don't want her to know. I work at home, and my wife is here with me. If you can let me know about 10 minutes before a phone call, I can manage to go outside for the conversation.
Submitted: 1 month ago.
Category: Legal
Expert:  Maverick replied 1 month ago.

Welcome to Just Answer! My name is***** give me a few minutes to review your inquiry. Thank you for your patience.

Expert:  Maverick replied 1 month ago.

There are two common reasons why a DROS application may be rejected: (1) you attempted to purchase more than one handgun in a 30-day period (California Penal Code section 27540, subdivision (f)); or, (2) you attempted to purchase a firearm with an invalid, suspended, revoked, or expired California Driver’s License or California Identification Card (California Penal Code section 16400).

Was your application REJECTED or was it DENIED?

Customer: replied 1 month ago.
Denied
Expert:  Maverick replied 1 month ago.

Please try again on the phone call as it indicated payment failure. Please contact customer service at 1.***-***-**** for this issue.

Customer: replied 1 month ago.
I updated my credit card
Expert:  Maverick replied 1 month ago.

Something does not add up as you should not have been denied for a misdemeanor. You can either petition for a pardon from the governor or file a declaratory judgment action against the State of CA and ask for a court order stating that CA does not have a right to deny you a firearm based on the applicable laws and facts.

Expert:  Maverick replied 1 month ago.

Please Note:

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Customer: replied 1 month ago.
Ok, thanks
Expert:  Maverick replied 1 month ago.

Something does not add up as you should not have been denied for a misdemeanor. You can either petition for a pardon from the governor or file a declaratory judgment action against the State of CA and ask for a court order stating that CA does not have a right to deny you a firearm based on the applicable laws and facts.

Obtaining a pardon is a two-step process:

  1. Petition the superior court for a California Certificate of Rehabilitation.
  2. If the petition is granted, it automatically becomes a petition for a pardon.