California DayCare and Firearms low

[maxfromca]

Hi everyone, I have a situation and want to enclose here my questions, probably these questions should be addressed to lawyers but I will try, may be will find some help here.
Few month ago me and my wife have got Family Child Care License in LA county California, we have big 2 floors house and use only first floor for day care. Everything goes well no any problems. 3 weeks ago I have decided to buy some firearms, for home defense and rifle for range to spend my free time there. I have brought to Guns Store all documentation also notified that we have Day Care at home etc. (stuff said it is does not matter) After submitting DROS application in guns store after few days BOJ denied my application, of course without a reason, I was so sad cause I do not have even parking ticket in my history absolutely nothing, clean as a baby, to get a reason why, employee from the store recommended to me send live scan with some form to get Record of Review to BOJ, after few days I ve received respond, regarding my fingerprint etc, we have next record enclosed (like a reason) was a paper with short words #APPLICANT FAMILY DAY CARE# so I was denied because we have day care at home, now I have few questions:
- There is any law in CA or USA which restrict my right to have a firearm at home while doing day care business?
What if I applied for firearms before Day Care License? As I saw in Day Care licensing guide you can have firearms at home but you should have a locked safe and store ammunition locked and separate etc. (safe I have and I am ready to follow the rules)
- Can I challenge BOJ decision ? May be I should send them some proof of having safe in my house or something like that?

Please let me know if you have some useful information regarding my situation and looking for advise. To be honest I also do not wanna pay 15% restocking fee at guns store right now and trying to understand if I brake some low now or it is just BOJ decision I can challenge.
Thank you.

[Blackcat31]

Hi everyone, I have a situation and want to enclose here my questions, probably these questions should be addressed to lawyers but I will try, may be will find some help here.
Few month ago me and my wife have got Family Child Care License in LA county California, we have big 2 floors house and use only first floor for day care. Everything goes well no any problems. 3 weeks ago I have decided to buy some firearms, for home defense and rifle for range to spend my free time there. I have brought to Guns Store all documentation also notified that we have Day Care at home etc. (stuff said it is does not matter) After submitting DROS application in guns store after few days BOJ denied my application, of course without a reason, I was so sad cause I do not have even parking ticket in my history absolutely nothing, clean as a baby, to get a reason why, employee from the store recommended to me send live scan with some form to get Record of Review to BOJ, after few days I ve received respond, regarding my fingerprint etc, we have next record enclosed (like a reason) was a paper with short words #APPLICANT FAMILY DAY CARE# so I was denied because we have day care at home, now I have few questions:
- There is any law in CA or USA which restrict my right to have a firearm at home while doing day care business?
What if I applied for firearms before Day Care License? As I saw in Day Care licensing guide you can have firearms at home but you should have a locked safe and store ammunition locked and separate etc. (safe I have and I am ready to follow the rules)
- Can I challenge BOJ decision ? May be I should send them some proof of having safe in my house or something like that?

Please let me know if you have some useful information regarding my situation and looking for advise. To be honest I also do not wanna pay 15% restocking fee at guns store right now and trying to understand if I brake some low now or it is just BOJ decision I can challenge.
Thank you.

Here is a list of disqualifications for owning a firearm in CA

https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/prohibcatmisd.pdf?

Also here is a site with FAQ's regarding ownership of firearms in CA https://oag.ca.gov/firearms/pubfaqs#11

Info on CA licensing requirements: http://www.cdss.ca.gov/inforesources...-for-Providers

[hwichlaz]

I was married to a cop for 15 years and we always had guns in the house....and when licensing would come they just wanted to see how they were stored. They had to be locked with a key, combo, or fingerprint lock, seperately from the ammo, which was also locked up. Though when buying them I never wrote anywhere that I had a daycare. There wasn't anywhere for me to even write it. Unless under profession. But I've always put preschool teacher there, so maybe that's how it slipped through?

They all went with my ex as part of my divorce settlement and we split up over three years ago so there could have been recent changes that I'm unaware of.

[maxfromca]

Here is a list of disqualifications for owning a firearm in CA

https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/prohibcatmisd.pdf?

Also here is a site with FAQ's regarding ownership of firearms in CA https://oag.ca.gov/firearms/pubfaqs#11

Info on CA licensing requirements: http://www.cdss.ca.gov/inforesources...-for-Providers

Thanks for links, but I have checked them before twice and no any restriction regarding my situation. Also I called to Child Care Licensing Department and they confirmed that you can keep firearms at home with some rules you have to follow up. Will appeal with DOJ no other choice.

[hwichlaz]

Thanks for links, but I have checked them before twice and no any restriction regarding my situation. Also I called to Child Care Licensing Department and they confirmed that you can keep firearms at home with some rules you have to follow up. Will appeal with DOJ no other choice.

DOJ is federal. Have you looked into federal regs?

[Blackcat31]

Thanks for links, but I have checked them before twice and no any restriction regarding my situation. Also I called to Child Care Licensing Department and they confirmed that you can keep firearms at home with some rules you have to follow up. Will appeal with DOJ no other choice.

From my research, denial is fairly common in CA
Often for no real reasons

I found this site....it urges people in your situation to contact them for assistance. https://www.calgunsfoundation.org/about_us

[Blackcat31]

I also found out that states are "shall issue" and/or "may issue". For example I live in MN and MN is a "shall issue" state. That means as long as I pass a back ground check, the state SHALL issue me a permit to buy and carry fire arms.

However, "may issue" states don't HAVE to allow anyone to have, buy or carry firearms.
There doesn't even need to be a reason.

They can simply say no. Many of the articles I found said "CA might as well be a NO ISSUE state, especially in some areas...."

More info here: https://www.hg.org/article.asp?id=31130

[maxfromca]

Thank you. Will try to search help there.
Anyway I will mail today appeal letter with all links and explanations regarding denied application and will ask them to provide lawful answer.

[maxfromca]

However I did not find nothing on DOJ site or somewhere else any information that DOJ can deny your DROS just because they want to deny it without any reasons. I think this is unlawful. They can not skip constitution and restrict your rights on self and home defense just because they angry today.

[Blackcat31]

However I did not find nothing on DOJ site or somewhere else any information that DOJ can deny your DROS just because they want to deny it without any reasons. I think this is unlawful. They can not skip constitution and restrict your rights on self and home defense just because they angry today.

"California is a "may issue" state (they can say no just because they feel like it and would not be breaking any rules/laws in doing so)

California has state preemption for many, but not all, firearms laws.

Actual enforcement of California's firearms laws also varies widely across the state. Urban areas, such as the San Francisco and Los Angeles metropolitan areas strictly enforce firearms laws, and some communities within these areas have passed local ordinances that make legally owning a firearm very difficult.

Meanwhile, some rural jurisdictions narrowly enforce the same firearms laws by prosecuting only those who demonstrate malicious intent, or not enforcing portions of the state's firearms laws at all. State law enforcement agencies, such as the California Highway Patrol, the California Department of Justice, and the California Department of Fish and Game strictly enforce state firearms law everywhere in California"

I think your actual location is the issue.
You live in LA County and that seems to be a VERY difficult (even impossible in some cases) to obtain a firearm.

Also wondering if you've received the denial letter from the DOJ? It says that if you are denied you should receive a letter from the DOJ within 2 weeks and will list the reason for denial. NO idea if that is true or not but that is what the info I've found says.

[MarinaVanessa]

I'm in CA and have been in contact with OP and have to say that CA has some of the most strict firearm laws in the nation yet we have firearms in my home and have never been denied.

More firearm laws went into effect this year but mostly about ammo and firearm purchases. There were some pertaining to the background check but they were based on mental health and non violent offenses and no felonies. Nothing specific about child care. It's very odd.

[Blackcat31]

Nothing specific about child care. It's very odd.

I don't think it has to do with child care.

I think it has more to do with WHERE OP is located.

Gun laws have definitely been tightened up and from my understanding, obtaining a firearm in certain counties/areas in CA is virtually impossible...even with a sparkling clean record and nothing barring you from ownership. The articles I've come across have even mentioned CA (authority) having the final word...even over federal laws.

[Michael]

I'm in CA and have been in contact with OP and have to say that CA has some of the most strict firearm laws in the nation yet we have firearms in my home and have never been denied.

More firearm laws went into effect this year but mostly about ammo and firearm purchases. There were some pertaining to the background check but they were based on mental health and non violent offenses and no felonies. Nothing specific about child care. It's very odd.

True and its getting worse. I wouldn't even mention that you have a firearm in this state.