Refund options during a Delay status

[kentsboots]

Im posting this question for someone I know who is currently in "delay" status for a firearm from Keiths, He got a delay status and they told him he has a 30 day wait and told im the date he could pick it up in January. He goes back in the next day and says he wants to cancel the transaction and get a refund, and they tell him that will disqualify him from purchasing in the future...

I have my FFL but i dont do sales out of my home, just refinishing so I dont know the answer, But i didnt think NICS gave a date for pick up besides the standard 3 days if no "proceed" or "denied" response was received.

Is this just Keiths saying that because they dont want to refund his money ? Or is there some reason why canceling the transaction would disqualify him in the future ?

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[MarkAd]

Whoever told him that is wrong.

 

[TonsOfOregonBrass]

You can get a refund.... However keith's was semi correct. The state does not have an option for cancel. They only have yes or no. If he cancels then it is put down as a no. So if he attempts to buy a gun at a later time the state will still see what ever is causing the hold, and there again will be a delay. however they will be looking deeper as now they will also see a denied (no) answer. Either way he will have to wait for the reason he was delayed to be cleared up in order to buy new guns.

 

[kentsboots]

Thanks for the info !

 

[kentsboots]

How about the jan date to pick up, that cant be a date nics gave is it ? I thought after 30 days that check will expire and have to do the whole process again ?

 

[Don H]

I believe that it is Oregon law that after 3 business days of no response the FFL can complete the transaction.

<broken link removed>

If the FFL has not received from the NICS a final determination after 3 business days have elapsed since the delay response, it is within the FFL's discretion whether or not to transfer the firearm (if state law permits the transfer). If the FFL transfers the firearm, the FFL must note "no resolution was provided within 3 business days" on line 19d of the ATFForm4473. (Pleaserefertopages24and25oftheFBINICSFFLUserManual.)

 

[RBid]

I work in a shop.

Bcdon is correct.

"Proceed", "delay until (date)", and "denied" are the three responses. Resolution for delays is as above.

You DO have the ability to speed up some delays. Call Oregon State Police. They'll give you a number to call. It's often possible to clear things up faster by doing so. I've seen a Delay resolved in 1 day when the customer took the time to call.

Refund options are at the discretion of the dealer. I would expect most to have a policy that retained a portion of the sale, to prevent people from "giving it a shot". Yes, it does happen. I've seen Denies come through, and the customer NODDED when I told them.

 

[hermannr]

It is either 3 days (max) or deny...no response = 3 days. Someone is pulling some BS.

In WA it is 5 days max, but works the same way, no response, 5 days..or deny...no in between.

 

[Keane]

You are LEGALLY aloud to pick the firearm up after 3 days. This is FEDERAL law.

The state's respond of "Delay" asks you to delay for 30 days, however this is not a legal requirement.

So, here's what there is:
1- If the store has taken your money, you are the legal owner of the firearm after 3 days and can pick it up.
2- If the store has NOT taken your money (many smart dealers will wait and get you to pay after the BG check), they can:
a- have you pay for it/give it to you after 3 days
b- refuse to give it to you, and make you wait the 30 days
c- refuse to do business with you ever again.

BUT, if they've taken your money, the gun legally belongs to you, they have no right to keep it!