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mountain_guy
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Posted: 3/31/2012 11:38:21 PM

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A buddy of mine bought his first new gun five weeks ago and still hasn't got it yet. Says the only thing on his record is a dui a couple years ago. This doesn't seem right as mine always take about 5 minutes, but then I have a clean record. Is he pulling my leg or does this actually happen?
BIG_GUNNUT2
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Posted: 4/1/2012 9:57:27 PM
Ya it happens. Seems like OSP has had their heads stuck in their ass here lately. Takes way to long to get through to do a background check and their delays are way to long.
flyingjibus
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Posted: 4/2/2012 6:30:41 PM
They (OSP/NICS) have three days to make a decision. If nics does not come back with a negative in three days the dealer can give him the weapon. Period.

benjio
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Posted: 4/3/2012 3:41:27 PM
Originally Posted By flyingjibus:
They (OSP/NICS) have three days to make a decision. If nics does not come back with a negative in three days the dealer can give him the weapon. Period.



This is the law. 3 business days later the dealer can give it over. There are a few extra boxes to fill out on the 4473 if it goes down like that, but it's not that big of a deal. For some reason there are dealers who either don't know this, aren't sure about it, or won't surrender the firearm even though the law would allow it.

When the ATF agent was doing my FFL application interview he specifically told me that the law allows it but they "hope" that you (the dealer) will wait for an actual approval... Shame on OSP for not informing the dealers of the actual law. Like they care, right... They're obviously more concerned with their idea of "law enforcement" rather than the actual law.

anyways, that's what's up
knifehitter
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Posted: 4/15/2012 9:33:24 PM
I recently tried to buy a long gun and was also told transfer was "delayed" until May 11 (about 5 weeks). Weapon was purchased at sporting goods chain and they wont release until OSP approves.

Last new firearm purchase was about 5yrs ago and had no issues then. Valid CHL's in multiple states, ect... No run-ins with the law since so I have no idea what the hold up is. Tried calling the OSP message line and have not heard back from anyone yet. I heard this is becoming more common and there is no rhyme or reason to it. I hope OFF or some other group starts a petition to get OSP out of the background check business and give it back to the Feds.


Originally Posted By mountain_guy:
A buddy of mine bought his first new gun five weeks ago and still hasn't got it yet. Says the only thing on his record is a dui a couple years ago. This doesn't seem right as mine always take about 5 minutes, but then I have a clean record. Is he pulling my leg or does this actually happen?


benjio
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Posted: 4/15/2012 10:48:57 PM
Three business days later they are allowed to transfer the firearm to you if they haven't heard anything back from OSP. That IS the law per ATF. It's very simple. The chain store must have a policy that doesn't allow them to follow the law...
pepe-lepew
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Posted: 4/15/2012 11:01:12 PM
Rumor is, if they overload they auto delay.

A gun show organizer with other business relations with OSP told them they didn't want delays like this during their show. They had no problems during their show. If true, two major problems exist. First delays to lawful people for no reason. Second, OSP doesn't treat all people/business the same.
Cape_hunter
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Posted: 4/17/2012 11:45:22 PM
The key is to ask the FFL is he will release the firearm in accordance with the law or if he will wait for the approval. If he say he will not release it prior to, then take your business elsewhere and tell him that is why.
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benjio
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Posted: 4/18/2012 7:45:00 AM
[Last Edit: 4/18/2012 7:48:12 AM by benjio]
Originally Posted By pepe-lepew:
Rumor is, if they overload they auto delay.

A gun show organizer with other business relations with OSP told them they didn't want delays like this during their show. They had no problems during their show. If true, two major problems exist. First delays to lawful people for no reason. Second, OSP doesn't treat all people/business the same.


Where is that rumor coming from?

For cryin outloud. If this is true, it's more reason to give OSP the big fat boot outta the NICS system. It's freakin fraud, seems quite simple. Who will take our case to the DOJ and get this fixed in the legislature?

And yah, have your buddy tell that dealer what Cape said. There's plenty other of us dealers who would be happy to turn over a gun to him when the law allows.
knifehitter
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Posted: 4/20/2012 7:50:57 PM

Originally Posted By benjio:
Originally Posted By pepe-lepew:
Rumor is, if they overload they auto delay.

A gun show organizer with other business relations with OSP told them they didn't want delays like this during their show. They had no problems during their show. If true, two major problems exist. First delays to lawful people for no reason. Second, OSP doesn't treat all people/business the same.


Where is that rumor coming from?

For cryin outloud. If this is true, it's more reason to give OSP the big fat boot outta the NICS system. It's freakin fraud, seems quite simple. Who will take our case to the DOJ and get this fixed in the legislature?

And yah, have your buddy tell that dealer what Cape said. There's plenty other of us dealers who would be happy to turn over a gun to him when the law allows.

Is there a list somewhere of dealers that will follow the actual law? I would rather support them then some chain store that ignores the law.
jeff1304
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Posted: 4/24/2012 2:51:40 AM
ok so my question is what if you wait 3 days and the dealer gives them the gun then the background check comes back saying hes a convicted felon or something of that sort ?
benjio
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Posted: 4/24/2012 12:18:33 PM
[Last Edit: 4/24/2012 12:20:22 PM by benjio]
Originally Posted By jeff1304:
ok so my question is what if you wait 3 days and the dealer gives them the gun then the background check comes back saying hes a convicted felon or something of that sort ?


There's a couple lines on the 4473 the dealer has to fill out. There's just a bit of "follow up" paperwork for the dealer but not really anything else I know of. Its not like we have to track the person down and take the gun back. There is some room for dealer discretion I s'pose though. A dealer can refuse any transfer he wishes. The best example of this is a straw purchase. If I think someone is buying a gun for someone else, it's my right (and obligation per ATF) to deny the transfer.

The law per the ATF is very clear, if they don't get back in 3 business days, it can be legally transferred. The the ATF feller was doing my interview we went over this so I was clear. He ended the topic's discussion by saying "of course we'd rather you didn't transfer it and waited until OSP got back to you; but according to the rules and law, you don't have to.


Originally Posted By knifehitter:
Is there a list somewhere of dealers that will follow the actual law? I would rather support them then some chain store that ignores the law.

no list that I know of –– you just gotta ask the dealer I s'pose
M-60
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Posted: 5/5/2012 11:33:16 PM
Just one of the very good reasons to use dealers that you know thru here or other boards that will follow the law and not their "feelings".




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benjio
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Posted: 5/5/2012 11:36:25 PM
Originally Posted By M-60:
Just one of the very good reasons to use dealers that you know thru here or other boards that will follow the law and not their "feelings".


thumbs up for some good advice
mountain_guy
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Posted: 5/6/2012 10:46:37 PM
As far as I know he still doesn't have the firearm. Does anyone know who would do the transfer that carries Kel-Tec's?
knifehitter
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Posted: 5/9/2012 6:46:08 PM
[Last Edit: 5/9/2012 6:47:48 PM by knifehitter]

Originally Posted By mountain_guy:
As far as I know he still doesn't have the firearm. Does anyone know who would do the transfer that carries Kel-Tec's?

Thanks funny, I'm going on 4 1/2 weeks on my purchase and haven't heard anything so far .

Put in a call to the OSP hotline and left a message ... 5 days later got a callback when I wasn't at home. Message said to call the hotline back again so I left another message ... 6 days later got another call when I wasn't home and the same thing. Pretty much gave up on being able to talk to someone at OSP.

Fired off email complaints to all involved entities and no responses.

I will post here when it finally does go through.

Next time I make another purchase it will be through a dealer who follows the rules.
rudinater
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Posted: 5/13/2012 12:50:29 AM
Originally Posted By jeff1304:
ok so my question is what if you wait 3 days and the dealer gives them the gun then the background check comes back saying hes a convicted felon or something of that sort ?



I have seen this happen, ATF takes care of it. They and bunch of their co workers come and get the firearm.
mountain_guy
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Posted: 6/9/2012 1:45:20 AM
My friend finally was able to pick up his gun last weekend. He said it was 3 1/2 months since he bought it.
knifehitter
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Posted: 6/11/2012 9:28:33 PM

Originally Posted By mountain_guy:
My friend finally was able to pick up his gun last weekend. He said it was 3 1/2 months since he bought it.

I ended up getting mine too, only took 4.5 weeks.
AnlaufJohn
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Posted: 6/13/2012 4:20:52 PM
Have you considered contacting your state Representative and Senator? You do vote, right? So your voting registration card will indicate which district you live in.
Fire off an e-mail or call their office. That info should be in a phonebook's blue pages.
It took 4 days for me to get a response about another issue, but they called back.