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Washington Haven't received pistol after 10 days. Pls Help!

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I recently bought a pistol at pawnshop, and its been ten business days. I called and asked if they knew why I can't pick up pistol yet ? I was given no reason why. They said to try again Thursday the 9th of April, but how long can they delay? Whats stopping PD from NEVER completing background check? It was my understanding that if there was no reason after ten days I'm allowed to have my pistol, or am I mistaken? I tried calling my local PD and they just transfered me to frontdesk and after 2HOURS of being on hold I gave up. This just seems like a delay tactic, and i'll never actually acquire my pistol....
 

bbbass

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I recently bought a pistol at pawnshop, and its been ten business days. I called and asked if they knew why I can't pick up pistol yet ? I was given no reason why. They said to try again Thursday the 9th of April, but how long can they delay? Whats stopping PD from NEVER completing background check? It was my understanding that if there was no reason after ten days I'm allowed to have my pistol, or am I mistaken? I tried calling my local PD and they just transfered me to frontdesk and after 2HOURS of being on hold I gave up. This just seems like a delay tactic, and i'll never actually acquire my pistol....
IDK.

Not much help, but in Oregon the law says the dealer can legally release the firearm after three days delay, but does not say that they MUST. In fact, most won't unless they know me personally, which around here they do...
 
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It is important that the FFL knows and trusts you if they are going to release a gun after 10 business day BRC is still pending. Otherwise they aren’t going to take the chance, and I don’t blame them. If something happens, their derrière is on the line.
 

raftman

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Is there actually a law or legal precedent that suggests an FFL can actually be held liable if they release the firearm after the extended “delayed” status and something bad ends up happening? The FFL would not have actually broken any laws in doing so, no? Although I suppose if I were an FFL I wouldn’t wanna be the first one.
 

Xaevian

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Well, while an FFL might be found to be not negligent in that situation, surviving the bad publicity may end your business regardless.
To the OP, you might want to ask your LGS that question before you purchase, as individual businesses may differ on that. 1st time, yeah I get it. Lesson learned I hope. My suggestion is only to be patient and polite.
 

po18guy

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Big spike in background checks. Fewer personnel on limited hours doing non-essential, i.e. not 911 related stuff.
Relax, it's not a conspiracy - it's Corona. A pandemic. Ponder that for a few moments. Look up the 1918 Spanish Flu pandemic. Millions dead. Currently, we have worldwide sickness and death from an invisible enemy. The Corona virus and the seasonal flu competing for human lives. Rather, I would worry about wearing mask and gloves, washing hands after touching anything (mail, UPS, FedEx etc.), spraying the soles of shoes and boots if you went public (the virus falls to the earth, where shoes pick it up). Play with your dog on the floor? You might get it. You have to survive to own or shoot a gun.
 
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raftman

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Well, while an FFL might be found to be not negligent in that situation, surviving the bad publicity may end your business regardless.
To the OP, you might want to ask your LGS that question before you purchase, as individual businesses may differ on that. 1st time, yeah I get it. Lesson learned I hope. My suggestion is only to be patient and polite.
Seems like really sound advice, especially in regards to being polite. If it’s at the shop’s discretion and you act like a jerk, well they may not want you to be a jerk with a gun.

After doing some additional reading, apparently there’s also such a thing as delayed denial... apparently they can deny you after the requisite numbers of days have passed and you’ve already taken possession of your firearm... in such as a case law enforcement will be coming by to collect the gun back. Maybe the shop is trying to avoid creating that hassle?
 
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GOG

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FWIW, my first BGC in Oregon took about four months even though I had my FFL 03, a concealed carry permit from Kalifornia and my last and only traffic ticket was in 1981. ( I moved here in 2012)

The gub'mint works at the speed of the slowest turtle at a keyboard.
 

Alexx1401

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I recently bought a pistol at pawnshop, and its been ten business days. I called and asked if they knew why I can't pick up pistol yet ? I was given no reason why. They said to try again Thursday the 9th of April, but how long can they delay? Whats stopping PD from NEVER completing background check? It was my understanding that if there was no reason after ten days I'm allowed to have my pistol, or am I mistaken? I tried calling my local PD and they just transfered me to frontdesk and after 2HOURS of being on hold I gave up. This just seems like a delay tactic, and i'll never actually acquire my pistol....
Welcome to how it's done in WA. The FFL "can" let the gun walk after 10 Business days if they do not get a delayed or denied. Some Dealers will do this, many will not out of fear. Many love to jump up and down and scream about the dealers. Those people are not in business. The dealers do not have a pile of money to hire lawyers if someone they let have a gun is later found to be "not allowed" and does something stupid.
So for you nothing you can really do but here is some suggestions.
1,Talk to the dealer, be nice, ask if the delay goes to the point they have to start over you can just have your money back.
2, next time you want to buy ask the dealer up front how they handle this if they just do not get an answer.
3, Do you vote? If not, do. Talk to any others who care about freedom and try to get them to vote and vote well. Remember all this is squarely in the lap of gun owners who have long refused to get involved in elections. Elections do have consequences.
 

Alexx1401

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And if the publicity doesn't gut them, the lawyer fees probably would bankrupt them.
YEP! That is what it's all about. People fear legal hassle. It does not take much to do some small business in. They can be cleared but still end up with legal bills that end them. So many error on the side of caution. I can't blame them.
 

uberguy

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I'd contact the 2nd Amendment Foundation, who perform class action legal work on behalf of all gun owners.

Doesn't matter about covid-19 or the Spanish Flu. No one's revoked the constitution and this is a violation.

If FFLs and/or local PD can't process BGCs in a legally prescribed time, they need to be removed from the loop. If an FFL is worried about liability - they should stop processing transfers, or gun sales for that matter.

In WA. this is all a result of I-1639 imposing additional requirements and cases like the OP are supportive references to the legal challenges now underway.
 
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.. If an FFL is worried about liability - they should stop processing transfers, or gun sales for that matter. ...
Agree except for the bit about FFLs. We need to have them exist and if they get themselves bankrupted, they aren't helping themselves and they especially aren't helping us.
 

uberguy

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Gun owners / advocacy groups need to force a design better system for bk gnd cks - NICS worked, 1639 isn't.

Which was after all the gun controls zealots plan. I stand by my comment about FFLs - if overly worried about liability, they picked the wrong business.

There is a law
Protection of Lawful Commerce in Arms Act
designed to cover them in such situations.
 
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WA Resident here.
I signed paperwork for a pistol Friday. I'm in no hurry.
It will be interesting how quick the turn-around is.
 
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My friend just went through this same crap in lynnwood. I told him that the ffl can hand over the gun after 10 business days but theyre not required to. I suggested he call them and mention it, and tell them if they dont want to give him the gun they can refund his money so he could take his business elsewhere. They told him update byend of day. 30 minutes later they called him and told him he could come pick up his gun.
 

Alexx1401

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Gun owners / advocacy groups need to force a design better system for bk gnd cks - NICS worked, 1639 isn't.

Which was after all the gun controls zealots plan. I stand by my comment about FFLs - if overly worried about liability, they picked the wrong business.

There is a law
Protection of Lawful Commerce in Arms Act
designed to cover them in such situations.
<Sigh> here we go again. Lets go after the FFL's, that will fix this. By all means let them go under. Then you will feel better right?
The OP is buying a hand gun. Here again another blames I1639. Even though the fact is I1639 has zero to do with hand gun purchases in WA state. Yet no matter how many times this is pointed out many who should know better still give the same myth. It is amazing how many who do not want to take the risk to own a business sure are quick to jump up and tell others how its done. Experts they are from the chair in front of the computer.
Then there is "lets point out the law". That fixes everything, why didn't anyone else think of that? Meanwhile here in the real world the FFL has to deal with Judges. He can't wave the law in the face of some Judge or Government official and keep selling guns. In the real world the FFL is just shut down.
Meanwhile how many gun owners who want FFL's to just go out of business bother to vote? Since the real problem here is who the voters put into office. So again lets blame the people who started a gun shop, it's their fault. :s0054:
 

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