Denied firearm purchase for 2010 restraining order

[Zigner]

Nothing. No contact between either of us since 2010. I'm aware I'm not going to find all the answers on an internet board, but wanted to get feedback. I've reached out just now to get copies of whatever is out there.

Reached out to whom?

 

[Spider9000]

Sheriff's office in CA to get a copy of whatever is out there

 

[xylene]

I would have imagined a veteran to have done a lot more to safeguard his rights.

I would have imagined a veteran to have planned far far ahead for the need of a firearm to defend himself and the community.

Use ordinary civvies have that level of common sense, you know, if you want to play some kinda trump car with your long ago service.

 

[Spider9000]

Xylene - all set. You're obviously just here to troll. Real positive life you lead.

 

[Zigner]

Sheriff's office in CA to get a copy of whatever is out there

Any sheriff's office in CA is highly unlikely to have a copy unless it was actually given to them by your ex. Since you're out of state, there was no reason for your ex to do so. You need to look at the court file, which may require you to be here in person, or hire an attorney.

 

[Zigner]

Xylene - all set. You're obviously just here to troll. Real positive life you lead.

Xylene's got a point. Your status as a veteran is wholly irrelevant to the matter.

 

[CdwJava]

As was stated, a permanent order is a unicorn in CA. In fact, I have never seen or come across one in 30 years. It MAY have been a 5 year order, and MAY have been extended in 2015. But, until you can obtain a copy from the issuing court you will not know for sure. It's also possible that the background check done somehow accessed old, and outdated, info. It's not unheard of that checked files are out of date.

 

[Spider9000]

Thank you for the response. Like I said, I'm gathering as much info as possible now and will fight this until I die. I've reached out to the Sheriff's Dept where I THINK this originated from to get all documentation that have. Any recommendations on getting copies from the issuing court in CA? I believe it would have been Sacramento just from what I know.

 

[CdwJava]

The Sheriff's Department where she lives may not have the most recent copy of any order - if they have any at all. Most CA departments try to file away orders that might effect their jurisdictions, but hard copies are inconsistently saved, and even if they did, they may not find their way clear to provide you a copy of the order.

Right now, getting a copy of any order from any CA court will be nearly impossible. Most courts are almost shut down or seriously limiting public access. You can contact them and ask how you might get a copy. It might require you to engage a CA attorney to assist you.

 

[FlyingRon]

You can get file a privacy act request to the ATF to find out what they think you have on your record:
https://www.atf.gov/resource-center/freedom-information-act-foia
(follow the part about the privacy act NOT FOIA)

As CDW points out, you'll probably have to wait a while. Even the clerks offices are closed to the public.

 

[Spider9000]

Thanks again. I'm gathering as much info as possible at this point to build my case. I will keep you posted since you're taking time to provide good info. It's just incredible - in the last ten years I've gotten a ticket for running a stop sign, but I can't purchase a rifle. Glad I've been paying taxes all these years to have my rights stripped away. Just venting now...

 

[bcr229]

Did the dealer tell you how to appeal the NICS denial? He should have given you a brochure with this info on it:
https://www.fbi.gov/services/cjis/nics/national-instant-criminal-background-check-system-nics-appeals-vaf

Also how do you know the RO was the cause of the denial? NICS does not report that back to the dealer. The reason could be something else such as mistaken identity; one of my customers was denied for that. He had to go through the appeal process, get a universal personal identification number (UPIN) which goes on the ATF 4473 in the block next to your SSN, and get his record cleaned up. It took 18 months but didn't cost him anything.

 

[Spider9000]

The dealer gave me the NICS info, yes. To your point, they didn't have any specifics (and they were very helpful). Before I send in the appeal to NICS, I want to gather as much info as possible. The RO could be the only possible thing in my mind blocking my purchase. I've literally never been arrested for anything in my life. And the RO was a retaliation for my having to file an RO. Just frustrating. Second amendment rights can be blocked for nothing.