ffl transfer waiting period

gustavo pinon · Mar 21, 2016

hey there guys and galls..ok so here is my concern..i boughg a pistol of a buddy and took it in for a ffl transfer and was told id been put o a delay i have bought from his shop before and have been proceeded the guy has had the pistol...yes i do have a cpl is there a waiting period before he can legally give me the pistol...

Stomper · Mar 21, 2016

Federal law says three days, I know not if Washington has a further requirement.

kilimanjaro · Mar 21, 2016

If you passed the NICS check and have a CPL it's supposed to be transferred without further delay. Otherwise, there is the 3-day delay.

gustavo pinon · Mar 21, 2016

so for him to have had thr pistol for 9 business days now has been too long

gustavo pinon · Mar 21, 2016

or better yet if he told me i was delayed, is it still a 3 day period

kilimanjaro · Mar 21, 2016

Under state law, it can take up to 5 days for the background check. Once that is done, the transfer is supposed to occur. You might call him up and inquire.

ocarolan · Mar 21, 2016

Not directly related, but here in Oregon the dealer may deliver the firearm to you after three business days (ORS 166.412). This is based on federal law and likely similar to all states.

(c) If the department fails to provide a unique approval number to a gun dealer or to notify the gun dealer that the purchaser is disqualified under paragraph (a) of this subsection before the close of the gun dealer's next business day following the request by the dealer for a criminal history record check, the dealer may deliver the handgun to the purchaser.

Locally, my dealer will not deliver the firearm after 3 days however and prefers to submit a new background check if needed (covering any fee himself).

Garg · Mar 21, 2016

I have not met a single FFL dealer who would do release on an unresolved BGC after 3 days. No okay, no gun. They have WAY too much to lose. I had a friend, (who BTW did end up being okayed) delayed for well over a month. FFL would not release it. I even talked to him about it. Friend had a super common name, and was delayed for an extreme amount of time IMO. And, this was before the new law was even conceived.

Hawaiian · Mar 21, 2016

Garg is correct. None of the major FFL's I know of will release the firearm without the OK and the approval number. Does not matter how many day or even months. They are simply covering their backside and their business. Can't blame them for being careful. This is why the recent proposals by the anti's to require a ten day delay instead of the current three day is a political smoke screen. Most dealers won't complete the transfer no matter how many days it takes to receive the approval number.

ma96782 · Mar 21, 2016

(c) If the department fails to provide a unique approval number to a gun dealer or to notify the gun dealer that the purchaser is disqualified under paragraph (a) of this subsection before the close of the gun dealer's next business day following the request by the dealer for a criminal history record check, the dealer may deliver the handgun to the purchaser.

"May"....in other words the FFL will likely be on the hook, if it later turns out badly. You know how it goes....the liberals like to sue FFLs for selling firearms to "prohibited people." They say that the FFL "should have known." Even if the FFL were to eventually win the lawsuit, well can you imagine the cost?

Yes, there is a Fed Law that is suppose to protect lawful firearms businesses. But, it hasn't stopped some of the parents of Sandy Hook.

Then....

The Govt has people on their "list." Most times the Govt won't say why your name is there. But....wink, wink....perhaps it's an indication of something?

So, for some FFLs it's just better to, "err on the side of great caution."

IMHO, you can't blame the FFL, really. It's the Govt that is F-ed Up.

Aloha, Mark

Mikej · Mar 22, 2016

Garg said:
I had a friend, (who BTW did end up being okayed) delayed for well over a month. FFL would not release it. I even talked to him about it. Friend had a super common name, and was delayed for an extreme amount of time IMO. And, this was before the new law was even conceived.

Wifey was delayed, and it took 3 MONTHS! This was last Nov-Feb. Osp told her, once she was finally OKed, that Moutnomah County is the slowest to deal with.

IMO, OSP is undermanned for the onslaught of folks getting their guns before the Dems get in (More) control. And who knows WTH is causing more delays than normal? (Shrug)

ocarolan · Mar 22, 2016

I think in WA dealers just calls NICS directly so this is getting off-topic...

However, apparently back in 2012 there were bills to streamline the process and allow FFLs to go directly to NICS (amend ORS 166.412). The sponsors claimed they get killed in committee based on feedback from the OSP union however.

So ultimately the police unions may need to be on board for legislative change here. Rank-and-file state officers are typically gun owners and having them voice support within ORCOPS, etc might help. I think everyone agrees our state could use more personnel on active duty rather than answering phones...

Hdshot · Mar 22, 2016

I just read an article about the delays. Because of all the new purchases of firearms in the last couple of years, it is overloading the system. This was mainly about class 3 but said it has spread across all background checks. The article was on the Silencer Co. web site. Now, if you think about it. This is a good thing for us.

mjbskwim · Mar 22, 2016

Garg said:
I have not met a single FFL dealer who would do release on an unresolved BGC after 3 days. No okay, no gun. They have WAY too much to lose. I had a friend, (who BTW did end up being okayed) delayed for well over a month. FFL would not release it. I even talked to him about it. Friend had a super common name, and was delayed for an extreme amount of time IMO. And, this was before the new law was even conceived.

They risk getting yelled at or maybe audited,but nothing else,so long as they have their ducks in a row.
THE LAW says 3 business days ,then the gun can be released,with a carry permit blah blah
So,given that,there is nothing for the LGS to lose except getting yelled at. They follow the law,they can't get in trouble for releasing the gun.
YES they may get audited and the ATF may find something else.Or the state may try to slap their wrists. But that's all
Store owners with back bone release the gun when the wait is over,called back or not.
The ones who don't are making it easier for the PTB to make more rights into privileges