User Panel
Posted: 2/6/2016 12:41:35 AM EDT
Briefly saw a bit on KING 5 news tonight about the background check "loophole" in the Brady law, which as you may know allows you to take possession of a firearm after a few days, if the FFL does not receive an affirmative after a NICS delay.
Anyone else see this? I was busy keeping an eye on our toddler, but I didn't hear KING make any mention of this being specifically applied to NICS DELAYS - they made it sound as if there is no such thing as an immediate denial. The story came across as KING 5 trying to claim that criminals are using this "loophole" to buy a firearm from an FFL, then walk away and never be seen again. No numbers put up to show that this is actually happening. Story was complete with a "gun owner" saying that he was worried a bad guy might get a gun this way, and that the law needs to be changed. Watch out, smells like another state initiative coming that will lead to NICS delays being even more cumbersome than they already are. Since I suddenly started getting delayed frequently a couple years back, this is not an exciting prospect to me. I have heard of FFLs sometimes not even hearing back from NICS at all. |
|
Pay attention here.
I've been getting 'DELAY' since they changed the CWP to a CPL in 1996. No idea 'why'. Always 'delay' with a 'proceed' days later. It would be nice to have a straight-up take-away for once. Don't know why this is, but it has been that way since '96. Always get my gun, but have to wait. I sure would like to get this monkey off my back. I've heard there's paperwork to fill out to the effect, but haven't chased it down yet. Anyone have information on how to put this problem to rest so I can further enjoy my 'firearms enthusiast' reputation? Thanks! |
|
That is pretty misleading of them, but people won't do their due diligence so that's what they'll believe..
I don't think that it should take 3-5 days to run your name thru their huge, automated database to determine if you are eligible or not. I started out with a CPL and the longest I've had to wait was about 30 mins, but I've lived in a 50m radius my whole life, haha. |
|
Quoted: Pay attention here. I've been getting 'DELAY' since they changed the CWP to a CPL in 1996. No idea 'why'. Always 'delay' with a 'proceed' days later. It would be nice to have a straight-up take-away for once. Don't know why this is, but it has been that way since '96. Always get my gun, but have to wait. I sure would like to get this monkey off my back. I've heard there's paperwork to fill out to the effect, but haven't chased it down yet. Anyone have information on how to put this problem to rest so I can further enjoy my 'firearms enthusiast' reputation? Thanks! View Quote |
|
Isn't there a bill working it's way through Oregon's legislature that aims to extend the NICS delay until OSP can return a definitive proceed or deny response?
Probably a case of someone in the newsroom that has an agenda and is looking to get the process rolling up here. I should add that there has been a bill languishing in the WA legislature that would recognize the ATF ruling that a WA CPL qualifies as a NICS exemption. I would love to walk in and buy a handgun in less then 15 minutes. Might make for some interesting impluse buys. |
|
Yes the Oregon bill supporters are making nearly identical claims to support theirs. I'm sure whoever is pushing is in WA is working with those individuals in Oregon.
More from KUOW - who would I assume support this measure in Oregon and here in Washington: http://kuow.org/post/lawmakers-consider-closing-background-check-loophole |
|
As if I needed another reason to want to leave this state
If an initiative makes it on the ballot it will pass just like 594. |
|
Doing some cross posting between this thread and Waguns - the owner of Precise Shooter posted in the thread over there, and confirms that he often has NICS completely fail to contact him with a proceed, which if this came to pass would leave the buyer in complete limbo.
Auto-release is there so a police department cannot arbitrarily deny people firearms through delay. If you take this away, some people will have their rights violated. I have a number of customers for who NICS never returns the status, purchase after purchase after purchase. View Quote http://waguns.org/viewtopic.php?f=33&t=65170 |
|
Quoted: Doing some cross posting between this thread and Waguns - the owner of Precise Shooter posted in the thread over there, and confirms that he often has NICS completely fail to contact him with a proceed, which if this came to pass would leave the buyer in complete limbo. http://waguns.org/viewtopic.php?f=33&t=65170 View Quote View All Quotes View All Quotes Quoted: Doing some cross posting between this thread and Waguns - the owner of Precise Shooter posted in the thread over there, and confirms that he often has NICS completely fail to contact him with a proceed, which if this came to pass would leave the buyer in complete limbo. Auto-release is there so a police department cannot arbitrarily deny people firearms through delay. If you take this away, some people will have their rights violated. I have a number of customers for who NICS never returns the status, purchase after purchase after purchase. http://waguns.org/viewtopic.php?f=33&t=65170 He has got to be a fucking liberal plant. Hey, I know- Lets go get a Russian to act like a gun dealer and say anything we want him to in furtherance of our cause! Not his first rodeo with his foot in mouth. |
|
I don't agree with him on most stuff, but he has been a solid 2A supporter and has fought Seattle on its recent retarded taxes on firearms & ammo sales.
|
|
Next thing you know they are going to call for a ban on the debit card gun purchase loophole. Did you know that Visa and MasterCard can transfer money to a firearms dealer for a god damn gun?
|
|
Quoted:
Next thing you know they are going to call for a ban on the debit card gun purchase loophole. Did you know that Visa and MasterCard can transfer money to a firearms dealer for a god damn gun? View Quote Don't laugh too hard. There was political pressure in 2013/2014 to get Visa and other major banks and debit/CC processors to stop accepting payments to firearms related businesses. Some actually did, if only for a time. http://crimeresearch.org/2014/03/bloombergs-gun-control-groups-plan-strategy-to-pressure-companies-to-oppose-gun-ownership/ |
|
I am already in TX.......debating if I should still hunker down in WA, or fly away.. I really like the WA outdoors.
|
|
Quoted: I don't agree with him on most stuff, but he has been a solid 2A supporter and has fought Seattle on its recent retarded taxes on firearms & ammo sales. View Quote A Wife who fucks you, and then sucks your buddies dick is still a piece of shit whore. When you have to preface a statement on him with "but", that speaks volumes. |
|
Back when I lived in Nevada if you had a CPL they didn't even call to check NICS. you still filled out the form but then they made a copy of your CPL you gave them money and walked out the door with your new gun. I bought a 1911 at a gun show one time and my wife went to go get a soda while I was filling out the paperwork. It took her longer to get her drink than it did for me to finish the transaction and walk away. I know here your CPL gets you out of the wait but they still have to make the phone call. Anyone know why that is? You already did a background check with fingerprints to get the license, is there any reason it shouldn't be able to count when purchasing a new gun?
|
|
Quoted:
Back when I lived in Nevada if you had a CPL they didn't even call to check NICS. you still filled out the form but then they made a copy of your CPL you gave them money and walked out the door with your new gun. I bought a 1911 at a gun show one time and my wife went to go get a soda while I was filling out the paperwork. It took her longer to get her drink than it did for me to finish the transaction and walk away. I know here your CPL gets you out of the wait but they still have to make the phone call. Anyone know why that is? You already did a background check with fingerprints to get the license, is there any reason it shouldn't be able to count when purchasing a new gun? View Quote The argument I've heard from the other side is that a CPL holder can still be a prohibited person, since the CPL is a form of ID that is issued prior to the purchase, and a crime may have been committed since then. So we would have to work against that line of reasoning if we tried to get the same process enacted here. |
|
I've got a few customers that never get a "Proceed" from the NICS section. The only thing these guys have in common is they are retired Boeing engineers and military that formerly held security clearances.
It goes like this: Punch in their info in E-Check. Comes back with a "Delay". 3 business days later, NICS E-Check updates to "Open" 30 days after the status changes to "Open", it clears out of the system and doesn't show any more. How are these guys supposed to get a firearm if the National Instant Criminal Background Check System takes a minimum of 35 days and provides no affirmative response? After 30 days, the NICS check is no longer valid, and another one has to be run. If they didn't get a response in the first 35 days (could be as many as 37 days), they aren't EVER going to get a response. You've now denied someone their rights without due process. It really is a scheme to make it "guilty until proven innocent" to exercise your rights. And the UPIN/VAF process is bullshit too. I've got a few guys with UPIN's, and they still get a "Delay" response the majority of the time. |
|
Quoted:
The argument I've heard from the other side is that a CPL holder can still be a prohibited person, since the CPL is a form of ID that is issued prior to the purchase, and a crime may have been committed since then. So we would have to work against that line of reasoning if we tried to get the same process enacted here. View Quote View All Quotes View All Quotes Quoted:
Quoted:
Back when I lived in Nevada if you had a CPL they didn't even call to check NICS. you still filled out the form but then they made a copy of your CPL you gave them money and walked out the door with your new gun. I bought a 1911 at a gun show one time and my wife went to go get a soda while I was filling out the paperwork. It took her longer to get her drink than it did for me to finish the transaction and walk away. I know here your CPL gets you out of the wait but they still have to make the phone call. Anyone know why that is? You already did a background check with fingerprints to get the license, is there any reason it shouldn't be able to count when purchasing a new gun? The argument I've heard from the other side is that a CPL holder can still be a prohibited person, since the CPL is a form of ID that is issued prior to the purchase, and a crime may have been committed since then. So we would have to work against that line of reasoning if we tried to get the same process enacted here. If a person has a CPL and is subsequently convicted of a disqualifying crime, their CPL is supposed to be revoked and confiscated. If the Justice System fails in their duties to actually do that, or they subsequently issue a CPL to a prohibited person, that is a failure of the government. If they can't accurately perform their duties with CPLs, then why should we trust them with background check system information? |
|
Quoted:
If a person has a CPL and is subsequently convicted of a disqualifying crime, their CPL is supposed to be revoked and confiscated. If the Justice System fails in their duties to actually do that, or they subsequently issue a CPL to a prohibited person, that is a failure of the government. If they can't accurately perform their duties with CPLs, then why should we trust them with background check system information? View Quote View All Quotes View All Quotes Quoted:
Quoted:
Quoted:
Back when I lived in Nevada if you had a CPL they didn't even call to check NICS. you still filled out the form but then they made a copy of your CPL you gave them money and walked out the door with your new gun. I bought a 1911 at a gun show one time and my wife went to go get a soda while I was filling out the paperwork. It took her longer to get her drink than it did for me to finish the transaction and walk away. I know here your CPL gets you out of the wait but they still have to make the phone call. Anyone know why that is? You already did a background check with fingerprints to get the license, is there any reason it shouldn't be able to count when purchasing a new gun? The argument I've heard from the other side is that a CPL holder can still be a prohibited person, since the CPL is a form of ID that is issued prior to the purchase, and a crime may have been committed since then. So we would have to work against that line of reasoning if we tried to get the same process enacted here. If a person has a CPL and is subsequently convicted of a disqualifying crime, their CPL is supposed to be revoked and confiscated. If the Justice System fails in their duties to actually do that, or they subsequently issue a CPL to a prohibited person, that is a failure of the government. If they can't accurately perform their duties with CPLs, then why should we trust them with background check system information? I've heard that the "new" (as of 2013?) CPLs would qualify as a replacement for the NICS call. But the AG's office has to make an application to the Feds to get their sign-off on it. Apparently the AG's office does not consider going through the process of certifying our CPLs with the Feds a priority. (Just what I've heard, may or may not be true, ymmv, void where prohibited.) ETA: According to this link the ATF thinks WA CPLs issued after July, 2011 would qualify as a NICS alternative. So the onus is on someone at the State level. |
|
So it's a real possibility but we just need someone at the state to do their job? anyone know who we could contact about it?
|
|
Quoted:
He has got to be a fucking liberal plant. Hey, I know- Lets go get a Russian to act like a gun dealer and say anything we want him to in furtherance of our cause! Not his first rodeo with his foot in mouth. View Quote View All Quotes View All Quotes Quoted:
Quoted:
Doing some cross posting between this thread and Waguns - the owner of Precise Shooter posted in the thread over there, and confirms that he often has NICS completely fail to contact him with a proceed, which if this came to pass would leave the buyer in complete limbo. Auto-release is there so a police department cannot arbitrarily deny people firearms through delay. If you take this away, some people will have their rights violated. I have a number of customers for who NICS never returns the status, purchase after purchase after purchase. http://waguns.org/viewtopic.php?f=33&t=65170 He has got to be a fucking liberal plant. Hey, I know- Lets go get a Russian to act like a gun dealer and say anything we want him to in furtherance of our cause! Not his first rodeo with his foot in mouth. He's a commie bastard. I live about 10 minutes from his shop. Haven't stepped foot inside since he opened up shop due to the shit I've seen him spew on Reddit. |
|
Quoted: I've heard that the "new" (as of 2013?) CPLs would qualify as a replacement for the NICS call. But the AG's office has to make an application to the Feds to get their sign-off on it. Apparently the AG's office does not consider going through the process of certifying our CPLs with the Feds a priority. (Just what I've heard, may or may not be true, ymmv, void where prohibited.) ETA: According to this link the ATF thinks WA CPLs issued after July, 2011 would qualify as a NICS alternative. So the onus is on someone at the State level. View Quote |
|
Quoted:
So it's a real possibility but we just need someone at the state to do their job? anyone know who we could contact about it? View Quote The RCWs need to be amended to allow the CPL exemption. Not simply the AG "certifying" something. The legislature and goobernor's office has to get it done. |
|
Quoted:
The RCWs need to be amended to allow the CPL exemption. Not simply the AG "certifying" something. The legislature and goobernor's office has to get it done. View Quote View All Quotes View All Quotes Quoted:
Quoted:
So it's a real possibility but we just need someone at the state to do their job? anyone know who we could contact about it? The RCWs need to be amended to allow the CPL exemption. Not simply the AG "certifying" something. The legislature and goobernor's office has to get it done. That is probably what I'll ask Blake about running next year. |
|
Quoted:
The argument I've heard from the other side is that a CPL holder can still be a prohibited person, since the CPL is a form of ID that is issued prior to the purchase, and a crime may have been committed since then. So we would have to work against that line of reasoning if we tried to get the same process enacted here. View Quote View All Quotes View All Quotes Quoted:
Quoted:
Back when I lived in Nevada if you had a CPL they didn't even call to check NICS. you still filled out the form but then they made a copy of your CPL you gave them money and walked out the door with your new gun. I bought a 1911 at a gun show one time and my wife went to go get a soda while I was filling out the paperwork. It took her longer to get her drink than it did for me to finish the transaction and walk away. I know here your CPL gets you out of the wait but they still have to make the phone call. Anyone know why that is? You already did a background check with fingerprints to get the license, is there any reason it shouldn't be able to count when purchasing a new gun? The argument I've heard from the other side is that a CPL holder can still be a prohibited person, since the CPL is a form of ID that is issued prior to the purchase, and a crime may have been committed since then. So we would have to work against that line of reasoning if we tried to get the same process enacted here. I know a guy who had a CPL for 6 months, ended up being convicted of a felony and went away for two years, and when he got out he still had the laminated CPL that would appear to be valid. (obviously it wasn't) And when I worked at a gun shop, we had a few guys with brand spanking new CPL's get flat out denied. |
|
Quoted:
I know a guy who had a CPL for 6 months, ended up being convicted of a felony and went away for two years, and when he got out he still had the laminated CPL that would appear to be valid. (obviously it wasn't) And when I worked at a gun shop, we had a few guys with brand spanking new CPL's get flat out denied. View Quote View All Quotes View All Quotes Quoted:
Quoted:
Quoted:
Back when I lived in Nevada if you had a CPL they didn't even call to check NICS. you still filled out the form but then they made a copy of your CPL you gave them money and walked out the door with your new gun. I bought a 1911 at a gun show one time and my wife went to go get a soda while I was filling out the paperwork. It took her longer to get her drink than it did for me to finish the transaction and walk away. I know here your CPL gets you out of the wait but they still have to make the phone call. Anyone know why that is? You already did a background check with fingerprints to get the license, is there any reason it shouldn't be able to count when purchasing a new gun? The argument I've heard from the other side is that a CPL holder can still be a prohibited person, since the CPL is a form of ID that is issued prior to the purchase, and a crime may have been committed since then. So we would have to work against that line of reasoning if we tried to get the same process enacted here. I know a guy who had a CPL for 6 months, ended up being convicted of a felony and went away for two years, and when he got out he still had the laminated CPL that would appear to be valid. (obviously it wasn't) And when I worked at a gun shop, we had a few guys with brand spanking new CPL's get flat out denied. To me that is a failure of the issuing agency (LEO) and the person. shouldn't law enforcement be checking CPL license status on people they arrest or the courts checking the status of people convicted? |
|
Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!
You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.
AR15.COM is the world's largest firearm community and is a gathering place for firearm enthusiasts of all types.
From hunters and military members, to competition shooters and general firearm enthusiasts, we welcome anyone who values and respects the way of the firearm.
Subscribe to our monthly Newsletter to receive firearm news, product discounts from your favorite Industry Partners, and more.
Copyright © 1996-2024 AR15.COM LLC. All Rights Reserved.
Any use of this content without express written consent is prohibited.
AR15.Com reserves the right to overwrite or replace any affiliate, commercial, or monetizable links, posted by users, with our own.