NICS denial after DROS approval

[TransplantedTexan]

First, the background: 27 years ago, when I was 19 in California, I screwed up and got involved in something I never should have. I went to court and accepted a plea bargain to plead guilty to a felony charge that would be reduced to misdemeanor after 12 months. It wasn't until 17 years ago that I had the money to hire an attorney to go back to court and file the motion for reduction, which was accepted by the court. I received a court order reducing the felony to misdemeanor via California Penal Code section 17(b)(3). PC 17(b) reduces a felony to a misdemeanor charge "for all purposes" in CA, including the right to bear arms. Fast forward 16 years....

Last year I got interested in shooting for sport with friends. I contacted the CA DOJ to ensure my record was accurate and reflected the reduction. After getting the record updated, I applied for and received a Personal Firearm Eligibility Check affirming the right to purchase and possess firearms in the state of California. I went out and bought a Ruger 10/22 through an FFL to shoot paper targets and successfully passed a CA DROS with no issue. I then purchased a handgun, and again I passed DROS with no issue. As the CA laws became more restrictive, I went out and purchased an AR-15 stripped lower before the 1/1/17 deadline...again, no issues.

Now CA background checks are supposed to be some of the toughest in the nation as they both check NICS as well as local criminal databases...or at least I thought.

Then I got a job in Texas...Freedom!!

Imagine my surprise when I went to purchase a shotgun for home defense in TX only to be delayed and then denied by NICS. Who would have thought I'd have more gun rights in CA than in TX. =( Now I've appealed the denial with all court documentation, a copy of my CA criminal history reflecting the reduction, as well as the FBI identity summary reflecting the reduction...but being that they're backlogged by almost 2 years, I find myself wondering, am I actually prohibited by federal law, but CA let me purchase anyway? What do I need to do with the guns I own until a final determination is reached? For now, they've all been handed over to the wife who keeps them in a storage unit off premises that I do not have access to.

Almost makes me wish I'd never left CA.

[natman]

My *guess* would be that the reduction in sentence made it to CA's records, so it shows up when running a DROS check. Sounds like the reduction didn't make it to whatever database NICS uses, so it still shows up as a felony conviction.

[Snyper]

You're no longer restricted under Federal law, but the dealer is restricted in that he can't complete a transfer without permission from NICS.

Maybe you could get a concealed carry permit that would do away with the NICS check. At least that's how it works here.

[TransplantedTexan]

yeah, several have suggested an LTC, but I just moved here a little over 2 months ago, so I still have 4 months of residency before I can apply.

The other question, however, was that one of the requirements to obtain an LTC is that you are legal to buy a firearm, so now that I have a denial through NICS, my understanding is that all further requests will be automatic deny until, and if, the appeal is approved.

Just kind of a bummer that one of the reasons I moved out of California was because of the over restrictive laws and regulations, only to find myself further restricted than I was before I moved.

Seems like my only option at this point is to wait it out, hope the appeal is approved, and hope it doesn't take 19+ months to process.

[Spats McGee]

Welcome to TFL, TransplantedTexan!

We wish you luck in clearing this up, but you really need to talk to a lawyer licensed in the appropriate jurisdiction, and well-versed in the appropriate laws. What you do not need is a bunch of legal advice from well-meaning internet denizens. What you say to your lawyer is confidential. What you post on the internet is not.

Accordingly, closed.