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Link Posted: 5/6/2019 8:12:09 PM EDT
[#1]
I'm at 280 and 297 days. My name is pretty unique so I do not think I got FBI background checked.
Link Posted: 5/7/2019 2:37:06 AM EDT
[Last Edit: Mr_Maim] [#2]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By chase45:


After calling 2x a day for nearly the past week, trying to reach my examiner with no luck

I finally got a return call from my examiner

He checked on the delayed FBI background, and its completed

He said he would try and knock it out today and have it mailed out by next week

This nightmare is finally coming to a end

I also asked about UPIN

He said it would help vastly for future NFA transfers
View Quote
Good to hear. You're the only one with a wait as long as mine...
Link Posted: 5/7/2019 2:39:49 AM EDT
[Last Edit: Mr_Maim] [#3]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Mr_Maim:
Now at 393 days.
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Mr_Maim:
Originally Posted By Mr_Maim:
Originally Posted By Mr_Maim:
Form 4

344 days from check cashed to today  

Spoke with my Examiner who, to her credit was very nice and returned my call from my voicemail left the previous day, apologized for the wait and said "pending FBI background check" and has been there since August.
< ...shrug... >
Now at 369 days.
Now at 393 days.
Now at 406 days.

This is just absurd. A human goes from conception to birth in less time!
Link Posted: 5/7/2019 8:49:19 AM EDT
[#4]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Mr_Maim:

Good to hear. You're the only one with a wait as long as mine...
View Quote
Hoping this will be a happy week

Good luck man, this was a rough one
Link Posted: 5/7/2019 9:08:01 PM EDT
[#5]
Well I feel your pain. As of today I'm at 469 days and still counting......
Link Posted: 5/7/2019 11:46:46 PM EDT
[#6]
Wow, 469 days. That is absurd.
Link Posted: 5/7/2019 11:54:25 PM EDT
[#7]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Thatsthefactjack:
Well I feel your pain. As of today I'm at 469 days and still counting......
View Quote
Pretty sure if I hit a year I would be calling every day demanding answers.
Link Posted: 5/8/2019 1:19:23 PM EDT
[#8]
officially approved 5/2

Damn snail mail is killing me
Link Posted: 5/8/2019 3:49:21 PM EDT
[#9]
You can request a certified copy of the stamp doesn’t arrive in 30 days. I would do that because if it hasn’t shown up after 30 days, it probably isn’t going to.
Link Posted: 5/8/2019 7:10:24 PM EDT
[Last Edit: Lucky_Day] [#10]
First can. Approved March 26. My dealer calls me last Thursday and says he's never had a stamp get lost in 15 years or whatever but he's going to request a certified copy at the 30 day mark. This Friday will be 2 weeks into that wait. Fuck my life.

Eta - June 1 will be 365 days
Link Posted: 5/9/2019 2:15:10 PM EDT
[#11]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Lucky_Day:
First can. Approved March 26. My dealer calls me last Thursday and says he's never had a stamp get lost in 15 years or whatever but he's going to request a certified copy at the 30 day mark. This Friday will be 2 weeks into that wait. Fuck my life.

Eta - June 1 will be 365 days
View Quote
Geeze I hope Im not in store for the same treatment

Im at a week since approval

Kinda figured I woulda got the call by now but I guess we will see
Link Posted: 5/9/2019 6:13:56 PM EDT
[#12]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Lucky_Day:
First can. Approved March 26. My dealer calls me last Thursday and says he's never had a stamp get lost in 15 years or whatever but he's going to request a certified copy at the 30 day mark. This Friday will be 2 weeks into that wait. Fuck my life.

Eta - June 1 will be 365 days
View Quote
@Lucky_Day
Who was your examiner? I had several paper form 1s/form 4s approved on 4/8 & 4/9, I received all but one within a week of approval. Still have one form 4 approval from 4/9 that my dealer is waiting on..
Link Posted: 5/9/2019 8:41:05 PM EDT
[#13]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By grn_zx6r:
@Lucky_Day
Who was your examiner? I had several paper form 1s/form 4s approved on 4/8 & 4/9, I received all but one within a week of approval. Still have one form 4 approval from 4/9 that my dealer is waiting on..
View Quote View All Quotes
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By grn_zx6r:
Originally Posted By Lucky_Day:
First can. Approved March 26. My dealer calls me last Thursday and says he's never had a stamp get lost in 15 years or whatever but he's going to request a certified copy at the 30 day mark. This Friday will be 2 weeks into that wait. Fuck my life.

Eta - June 1 will be 365 days
@Lucky_Day
Who was your examiner? I had several paper form 1s/form 4s approved on 4/8 & 4/9, I received all but one within a week of approval. Still have one form 4 approval from 4/9 that my dealer is waiting on..
ATF sent the stamp to the wrong city entirely. I have an apology note from the examiner with the actual tax stamp which came before the certified copy.

Anyways, finally was able to pick it up today.
Link Posted: 5/10/2019 10:05:01 AM EDT
[#14]
338 for one stamp and 329 days for another.

And what chaps my ass is a friend who purchased the same exact can as mine 1 serial number apart, from the same store, on the same day has his stamp back in hand and can in hand.
Link Posted: 5/10/2019 11:41:18 AM EDT
[Last Edit: chase45] [#15]
Alright I guess Im gunna call my dealer and see if he has the stamp

I feel like it shoulda been there by now

Im not very far from WV

ETA

Nope.

Enough to make a person go insane
Link Posted: 5/12/2019 5:49:52 PM EDT
[#16]
What’s the number to call to check status?  Over 300 days now figure it’s time to call.
Link Posted: 5/12/2019 6:33:20 PM EDT
[#17]
Link Posted: 5/12/2019 7:28:22 PM EDT
[#18]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By BigWaylon:

http://bfy.tw/Nd0k

It’s also on all the forms.
View Quote
Figured there was a certain number to call for status.  Also didn’t touch a form since SS did it . Thanks though.
Link Posted: 5/12/2019 7:59:27 PM EDT
[#19]
Link Posted: 5/12/2019 10:30:18 PM EDT
[#20]
Form4: Surefire Socom RC done through SS Kiosk.

Purchased: 17Mar18
Filed: 17Mar18
Check cashed: 2Apr18
Pending: 4Apr18
Approved: 1May19
Received: 11May19

Still have two pending...when I called last month I got the standard response that the “shut down” added 2-3 months for all submissions.
Link Posted: 5/13/2019 1:46:55 AM EDT
[#21]
I just bought my first machine gun , this thread is really depressing .
Link Posted: 5/13/2019 10:08:13 AM EDT
[#22]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By GreenSuiter:

Still have two pending...when I called last month I got the standard response that the "shut down" added 2-3 months for all submissions.
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If I would know that I would only be getting approved in 2-3 months, I'd buy another can or two and hope I get batch processed.

I called this morning, I'm still pending, still not assigned to an examiner.  Austin (nice guy), still puts the blame on the government shutdown.  I was like "c'mon man, we both know that's not true."

This isn't my first stamp, and it's not even my longest wait, but geez, this one pisses me off more than the others.
Link Posted: 5/13/2019 2:42:50 PM EDT
[#23]
306 days since cashed, pending...no examiner assigned

Is there any sort of time frame on how long after an examiner is assign to approval or is that a shit show like the rest of the process?
Link Posted: 5/13/2019 3:34:00 PM EDT
[#24]
pretty sure the atf phone service could be automated and they could fire every person, they dont know anything more than a computer can tell us. waste of money imo
Link Posted: 5/13/2019 5:36:16 PM EDT
[#25]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By xd45c:
306 days since cashed, pending...no examiner assigned

Is there any sort of time frame on how long after an examiner is assign to approval or is that a shit show like the rest of the process?
View Quote
Yep, I predict in the very near future the ATF will be able to even fuck up the Efile system so it takes 12 months to get a stamp, I believe that is their goal.
Link Posted: 5/14/2019 1:12:30 PM EDT
[#26]
Day 300.

Still not assigned an examiner. There is no reason this way should be anywhere near this long when an efile form 1 takes less than a month. A NICS takes 5 minutes on the phone at an FFL....
Link Posted: 5/14/2019 2:54:14 PM EDT
[#27]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By dragpo:
Day 300.

Still not assigned an examiner. There is no reason this way should be anywhere near this long when an efile form 1 takes less than a month. A NICS takes 5 minutes on the phone at an FFL....
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Yeah, same here.

I have 2 that went pending on July 2nd, 2018.

Something has clearly changed for the worse since right around that time. Because if you look at NFATracker.com, average wait times were down around 6 months back then.

I seriously doubt it's more people buying suppressors.  So if it's not that, then it has to be something on the ATF side that is now screwing everybody.

Anyone have any clues?  Because a 1+ year wait in this low-threat environment (Republican President and Senate) is insane because there's almost certainly reduced pressure to buy out of fear.
Link Posted: 5/14/2019 3:06:30 PM EDT
[#28]
Damn snail mail for the stamp is still killing me

They must put it on the ultra slow USPS shipping schedule or something
Link Posted: 5/14/2019 3:27:52 PM EDT
[#29]
Called and spoke to "Angela" today. She was in a hurry to get me off the phone.

I asked her if my application had been assigned to an examiner and she said "it's been assigned to a researcher but not an examiner". I asked what the difference was and she said researchers get the application before examiners do. I then told her that there were people who purchased theirs after I did who already have their stamps in hand, and she said that "sometimes it takes a long time". I asked what's the longest it could possibly take and she told me "we don't have a cap on that".

She also said it goes to a background check and that the background check is "very thorough" and not the same check as NICS.

It went pending June 11, 2018 so I am very fucking close to a year and it hasn't even been assigned to an examiner yet.
Link Posted: 5/14/2019 3:44:34 PM EDT
[#30]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Bloencustoms:
Called and spoke to "Angela" today. She was in a hurry to get me off the phone.

I asked her if my application had been assigned to an examiner and she said "it's been assigned to a researcher but not an examiner". I asked what the difference was and she said researchers get the application before examiners do. I then told her that there were people who purchased theirs after I did who already have their stamps in hand, and she said that "sometimes it takes a long time". I asked what's the longest it could possibly take and she told me "we don't have a cap on that".

She also said it goes to a background check and that the background check is "very thorough" and not the same check as NICS.

It went pending June 11, 2018 so I am very fucking close to a year and it hasn't even been assigned to an examiner yet.
View Quote
That’s kinda BS. It’s the exact same check as NICS
Link Posted: 5/14/2019 4:55:00 PM EDT
[Last Edit: Jambalaya] [#31]
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Originally Posted By 1911xdm:
That's kinda BS. It's the exact same check as NICS
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By 1911xdm:
Originally Posted By Bloencustoms:
Called and spoke to "Angela" today. She was in a hurry to get me off the phone.

I asked her if my application had been assigned to an examiner and she said "it's been assigned to a researcher but not an examiner". I asked what the difference was and she said researchers get the application before examiners do. I then told her that there were people who purchased theirs after I did who already have their stamps in hand, and she said that "sometimes it takes a long time". I asked what's the longest it could possibly take and she told me "we don't have a cap on that".

She also said it goes to a background check and that the background check is "very thorough" and not the same check as NICS.

It went pending June 11, 2018 so I am very fucking close to a year and it hasn't even been assigned to an examiner yet.
That's kinda BS. It's the exact same check as NICS
What got me is the "it's been assigned to a researcher" bit. WTH is that? I've never heard of "researchers", only examiners. What "research" needs to be done? You run the background check and then you make sure there are no errors in the paperwork. Maybe they are trying out some new system using contractors and I am one of the unlucky ones that is being experimented on? The thing that pisses me off is the fact that there are people who went pending after I did that have already received their stamps. Back when I bought it there was 6 months wait time. Back when it was around 9 months they told me wait times were 9 months. Now that we are at almost a year they tell me there is no cap on how long it can take?

This is why 41p is so fucking bad. Before that there was no fingerprints, cleo involvement of any kind, and no BG check, you just got the paperwork processed and you were on your way. I thought going the individual route would be less of a hassle after 41p but noooooo.
Link Posted: 5/14/2019 5:23:18 PM EDT
[#32]
Now that I think about it, the guy I spoke with yesterday said something about a researcher as well.
Link Posted: 5/14/2019 7:28:55 PM EDT
[#33]
Link Posted: 5/14/2019 8:33:50 PM EDT
[Last Edit: Gtscotty] [#34]
I guess that means they got the contractors that were dropped during the shutdown hired back on and working. I wonder if they've filled the extra 25 .gov slots they got in the FY19 budget? There was also an extra $13.2M in there somewhere earmarked for reducing wait times. Maybe we're getting close to seeing times crest and start decreasing.

On the topic of approval times for June - July applications getting worse, wasn't that about when the SiCo BOGO happened? I figured at the time that that wave of purchases would probably have an effect on waits.

Edit: Yep, the BOGO dates were 06/15/18 - 07/15/18, a lot of folks bought cans in that window, I'm guessing that isn't helping times.
Link Posted: 5/15/2019 8:41:34 AM EDT
[Last Edit: 1911xdm] [#35]
Hit 200 days. Called them and they said 9+ months “cuz govmit sutdwn” I told the lady it was only shut down for 35 days why did the wait go up 3+ months now. Pretty dumb
Seeing you all past a year does not give me hope

Attachment Attached File
Link Posted: 5/15/2019 5:40:30 PM EDT
[#36]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By 1911xdm:
Hit 200 days. Called them and they said 9+ months “cuz govmit sutdwn” I told the lady it was only shut down for 35 days why did the wait go up 3+ months now. Pretty dumb
Seeing you all past a year does not give me hope

https://www.AR15.Com/media/mediaFiles/296004/5CACB024-5416-4F19-A6FD-98F15177829B_png-945768.JPG
View Quote
I'm not defending NFA, I am posting to answer your question about why a 35 day shutdown made the wait time increase out of proportion to the actual shutdown.

The NFA examiners are allowed to work overtime. I've received e-mail correspondence from examiners timestamped in the middle of the night, on weekends and on holidays.  During those 35 days there was no work, straight time nor overtime.  No nights, weekends or holidays were worked during that period.  That 35 days equated to a much greater loss of work hours for the examiners than routine eight hour days.

I'm at 292 days on my Form 4 Individual, so I share your pain.
Link Posted: 5/15/2019 6:04:03 PM EDT
[#37]
Serious question, and I apologize of it's been discussed here or elsewhere, has anyone considered starting a lawsuit against the ATF for the ridiculous wait times, lack of transparency, and failed process given the cost? I'd have to do some searching as to the legal precedent but I'm sure there could be an argument made around a reasonableness of approval time, more transparency in the process, and hard date for an approval or denial. $200 is not insignificant especially when you consider there is also sales tax on the products as well.

Think about how this would/could play out in the private sector. I'm fully aware we are not talking about the private sector, but this has become a pure shit show to the detriment of the tax paying citizens and industries. Any private sector process would result in the provider either going out of business or having to drastically retool the process to avoid going out of business.
Link Posted: 5/15/2019 6:15:08 PM EDT
[#38]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By JHorne:
Serious question, and I apologize of it's been discussed here or elsewhere, has anyone considered starting a lawsuit against the ATF for the ridiculous wait times, lack of transparency, and failed process given the cost? I'd have to do some searching as to the legal precedent but I'm sure there could be an argument made around a reasonableness of approval time, more transparency in the process, and hard date for an approval or denial. $200 is not insignificant especially when you consider there is also sales tax on the products as well.

Think about how this would/could play out in the private sector. I'm fully aware we are not talking about the private sector, but this has become a pure shit show to the detriment of the tax paying citizens and industries. Any private sector process would result in the provider either going out of business or having to drastically retool the process to avoid going out of business.
View Quote
Aside from the fact there is zero chance against winning against the government, what would be the matter of law that the ATF is violating?  Inconvenience?  There is no law requiring them to be fast or efficient.  Applaud the thought, but there’s nothing there.
Link Posted: 5/15/2019 7:30:35 PM EDT
[#39]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By JHorne:
Serious question, and I apologize of it's been discussed here or elsewhere, has anyone considered starting a lawsuit against the ATF for the ridiculous wait times, lack of transparency, and failed process given the cost? I'd have to do some searching as to the legal precedent but I'm sure there could be an argument made around a reasonableness of approval time, more transparency in the process, and hard date for an approval or denial. $200 is not insignificant especially when you consider there is also sales tax on the products as well.

Think about how this would/could play out in the private sector. I'm fully aware we are not talking about the private sector, but this has become a pure shit show to the detriment of the tax paying citizens and industries. Any private sector process would result in the provider either going out of business or having to drastically retool the process to avoid going out of business.
View Quote
I’m not going to bitch too much about the $200 cost which has not been adjusted for inflation since it was started in the 1930s.  At some point, some whack job is going to shoot up a place using a suppressor or SBR (it’s not a question of if, but when), and the Democrats will attempt effectively ban NFA items by adjusting the original $200 to present day dollars.  That would be over $3500 according to the interweb.
Link Posted: 5/15/2019 8:29:16 PM EDT
[#40]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By BigWaylon:
Researches have been a part of the process for a long time. They're the contractors that do the grunt work on the forms until the examiner gives it the final Approval. A lot of the times you receive error letters, they come from the researches who catch the obvious errors.
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Originally Posted By BigWaylon:
Originally Posted By Bloencustoms:

What got me is the "it's been assigned to a researcher" bit. WTH is that? I've never heard of "researchers", only examiners. What "research" needs to be done? You run the background check and then you make sure there are no errors in the paperwork. Maybe they are trying out some new system using contractors and I am one of the unlucky ones that is being experimented on? The thing that pisses me off is the fact that there are people who went pending after I did that have already received their stamps. Back when I bought it there was 6 months wait time. Back when it was around 9 months they told me wait times were 9 months. Now that we are at almost a year they tell me there is no cap on how long it can take?

This is why 41p is so fucking bad. Before that there was no fingerprints, cleo involvement of any kind, and no BG check, you just got the paperwork processed and you were on your way. I thought going the individual route would be less of a hassle after 41p but noooooo.
Researches have been a part of the process for a long time. They're the contractors that do the grunt work on the forms until the examiner gives it the final Approval. A lot of the times you receive error letters, they come from the researches who catch the obvious errors.
So at what stage of the process is "assigned to a researcher"? Does this mean it is likely to be "researched" and then "assigned to an examiner" soon? Or do applications get "assigned to researchers" as soon as they go pending and then just sit in a cardboard box for a year on the floor in the researcher's cubicle?

I'd like to think that "assigned to a researcher" means it's close to the end of the application process.
Link Posted: 5/15/2019 9:00:15 PM EDT
[#41]
Link Posted: 5/15/2019 9:54:48 PM EDT
[#42]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By BigWaylon:

I don't know exactly when in the timeframe...but I'd agree it's close to the end. Once your stack is pulled out of a box, I don't believe the rest takes much time. Most of your wait is simply waiting for the top to come off the right box.
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I hope so. It's been a long wait. Before the shutdown I expected to get it in March. Now, it's only days away from a year from when I made the actual purchase and less than a month away from a year since it went pending. It's a hybrid. I have a couple of guns I intend to use it on, and I already bought the piston for the handguns and the ASR mounts for the rifles and pistols. I just need to find a source for cheap 9mm without exposed lead bases. I already have a couple of boxes of .300blk subsonic and if I like it I'll order a couple of cases. But all of it has just been sitting quietly in the safe waiting for the approval. I have only been to the range maybe twice in the last year (shame on me).

Back when seeing suppressors out in the wild was rare, it wasn't so bad waiting. But now that everyone has them, waiting to get yours is so much more frustrating! You feel like everyone else is having all the fun.

This will be my second, and my first centerfire suppressor so I am really looking forward to it.
Link Posted: 5/16/2019 7:40:17 AM EDT
[#43]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By chase45:
Damn snail mail for the stamp is still killing me

They must put it on the ultra slow USPS shipping schedule or something
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@chase45

Who was your examiner? I finally got my form 4, it was post marked 31 calander days after approval. Approved 4/9 received 5/15.
Link Posted: 5/16/2019 8:22:19 AM EDT
[#44]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By 1911xdm:
Hit 200 days. Called them and they said 9+ months “cuz govmit sutdwn” I told the lady it was only shut down for 35 days why did the wait go up 3+ months now. Pretty dumb
Seeing you all past a year does not give me hope

https://www.AR15.Com/media/mediaFiles/296004/5CACB024-5416-4F19-A6FD-98F15177829B_png-945768.JPG
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200 days? You have a long way to go -- likely at least 165 more days.

If I were you, I'd stop checking in here.  It's clear that approvals will be 365+ days in short order. Some already are.

Sorry to burst your bubble.
Link Posted: 5/16/2019 8:35:37 AM EDT
[#45]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By willi3d:

Aside from the fact there is zero chance against winning against the government, what would be the matter of law that the ATF is violating?  Inconvenience?  There is no law requiring them to be fast or efficient.  Applaud the thought, but there’s nothing there.
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Negative, various parts of the government lose in court all the time.

If the ATF put one part time examiner in the NFA section and moved everyone else somewhere else so as to cause wait times to soar into the decades, would that violate applicant's second amendment rights? It seems like it to me, if you purchased an SBR (not prohibited by law, should enjoy 2nd amendment protections) and then basically couldn't take possession of it in your lifetime, you'd have a defacto prohibition on a legal item.

At what point does the delay to the enjoyment of right driven by the mismanagement of government organizations become an infringement in the eyes of the courts? Not sure, but with the wait times ever increasing lately, I wonder if we are getting close to the type of timeframe that could fuel a successful legal challenge.
Link Posted: 5/16/2019 1:09:47 PM EDT
[Last Edit: chase45] [#46]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By grn_zx6r:

@chase45

Who was your examiner? I finally got my form 4, it was post marked 31 calander days after approval. Approved 4/9 received 5/15.
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Jesus Christ that's fucked up

Its really hard to give the ATF a break when they pull shit like this, its hedging on abusive treatment really

Steven Mcrates(sp)
Link Posted: 5/16/2019 1:22:28 PM EDT
[Last Edit: chase45] [#47]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Gtscotty:

Negative, various parts of the government lose in court all the time.

If the ATF put one part time examiner in the NFA section and moved everyone else somewhere else so as to cause wait times to soar into the decades, would that violate applicant's second amendment rights? It seems like it to me, if you purchased an SBR (not prohibited by law, should enjoy 2nd amendment protections) and then basically couldn't take possession of it in your lifetime, you'd have a defacto prohibition on a legal item.

At what point does the delay to the enjoyment of right driven by the mismanagement of government organizations become an infringement in the eyes of the courts? Not sure, but with the wait times ever increasing lately, I wonder if we are getting close to the type of timeframe that could fuel a successful legal challenge.
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Im okay with being infringed a few months

A year plus( Im at a year and 5 months since purchase and still no can) makes me want to go get some pitch forks. Im a reasonable guy, Im pissed, other people waiting are pissed, hell even my Gfs mom who doesn't think people should be able to own semi autos thinks this timeline and treatment is absurd.
Link Posted: 5/16/2019 1:23:06 PM EDT
[Last Edit: chase45] [#48]
double tap
Link Posted: 5/17/2019 9:00:06 AM EDT
[Last Edit: JHorne] [#49]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Gtscotty:

Negative, various parts of the government lose in court all the time.

If the ATF put one part time examiner in the NFA section and moved everyone else somewhere else so as to cause wait times to soar into the decades, would that violate applicant's second amendment rights? It seems like it to me, if you purchased an SBR (not prohibited by law, should enjoy 2nd amendment protections) and then basically couldn't take possession of it in your lifetime, you'd have a defacto prohibition on a legal item.

At what point does the delay to the enjoyment of right driven by the mismanagement of government organizations become an infringement in the eyes of the courts? Not sure, but with the wait times ever increasing lately, I wonder if we are getting close to the type of timeframe that could fuel a successful legal challenge.
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This was in line with my thinking. Much of the legal system relies on a standard of reasonableness and in this case, I am sure there is a reasonableness to the execution of this process in the eyes of an average citizen. When you map out the process, that is what the ATF actually has to do to review and analyze the applications, the wait times are completely unjustified. Combine that with what is reasonable in terms of expectations for follow up and things like mentioned above with regards to timeliness of mailing approval documentation, etc, I think there is grounds for legal action.

Let's take the gun/second amendment portion out of this and try it another way. If you filed your taxes and were due a refund, even if only a hundred or so dollars, and the federal government took a year and a half to send you the funds, would you be angry as hell? Absolutely. It's a similar situation in that this is essentially a process of paperwork review and processing.

What is the ATF actually doing? Validating your paperwork is filled out correctly, running a background check (I am sure facilitated by a third party), and then creating some unique documentation related to issuing the approval/stamp. What part of that process extends the length of the entire process for it to take 9 months total? Or a year or more?

If the answer is that the process is so long because the number of applications cause there to be delays in the process STARTING for any given application, and that each inspector or stakeholder in the process is so overwhelmed they cannot adequately follow up on any given part of the application to which they are assigned in a reasonable time, then that is completely unacceptable.

What if you all had to wait a year and a half to process your driver's license? Driving is a privilege, not a right (like some may argue the 2nd amendment provides for can ownership).

Take the gun/gun accessory ownership out of this and you start to see how this is a complete failure. And I am not advocating for a relaxed process in this arguement, just adherence to a reasonable process and timeline.
Link Posted: 5/17/2019 1:58:46 PM EDT
[#50]
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Originally Posted By JHorne:

This was in line with my thinking. Much of the legal system relies on a standard of reasonableness and in this case, I am sure there is a reasonableness to the execution of this process in the eyes of an average citizen. When you map out the process, that is what the ATF actually has to do to review and analyze the applications, the wait times are completely unjustified. Combine that with what is reasonable in terms of expectations for follow up and things like mentioned above with regards to timeliness of mailing approval documentation, etc, I think there is grounds for legal action.

Let's take the gun/second amendment portion out of this and try it another way. If you filed your taxes and were due a refund, even if only a hundred or so dollars, and the federal government took a year and a half to send you the funds, would you be angry as hell? Absolutely. It's a similar situation in that this is essentially a process of paperwork review and processing.

What is the ATF actually doing? Validating your paperwork is filled out correctly, running a background check (I am sure facilitated by a third party), and then creating some unique documentation related to issuing the approval/stamp. What part of that process extends the length of the entire process for it to take 9 months total? Or a year or more?

If the answer is that the process is so long because the number of applications cause there to be delays in the process STARTING for any given application, and that each inspector or stakeholder in the process is so overwhelmed they cannot adequately follow up on any given part of the application to which they are assigned in a reasonable time, then that is completely unacceptable.

What if you all had to wait a year and a half to process your driver's license? Driving is a privilege, not a right (like some may argue the 2nd amendment provides for can ownership).

Take the gun/gun accessory ownership out of this and you start to see how this is a complete failure. And I am not advocating for a relaxed process in this arguement, just adherence to a reasonable process and timeline.
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Good arguments, but the bottom line is that when all is said and done, you are suing mainly because it’s inconvenient and asking that the court should force the government to be more efficient.  How many suits against the government have ever prevailed because they are inefficient?  The ATF will argue that they don’t have the resources, and that resources are approved by the legislative and executive branches as part of the budget process, and it’s up to your elected officials to fix it, not the courts.  As far as having to wait months for approval being an “infringement” of your 2A rights, I doubt even the current SCOTUS would agree with that.
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