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Posted: 12/28/2013 6:05:07 AM EDT
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Rule is still 3 business days after a delay an FFL can release items, correct? Business days being = days the state offices are open
the S/O did a 4473 on friday the 20th and got a delayed. FFL doing the transfer (First time doing business with him) just fed me some shit saying he can't release them until after the 30th. Doesn't seem legit Any opinions/comments on how i should handle this? besides using a different FFL for transfers from now on? ETA: latest text from him says "they moved the 3 day rule back because the quantity of current nics checks going on" Seem accurate? |
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Quoted:
wasn't the 3 business days part of the brady law, not just some "atf policy" that can be changed on a whim? It's bad enough they didn't come in, in time for christmas presents, however this is bullshit. The 3-day Brady clock on a "delayed" response is indeed federal law, and cannot be changed on a whim. However, the 3-day Brady clock does not start until a form has been both submitted to NICS and a "delayed" response has been received, apparently. This happened to us here in CO right after newtown, when checks were taking up to ten days to complete at one point, because it was taking the CBI "instacheck" unit 8 or 9 days simply to slog through all the submissions and get them entered into NICS. So if the check was submitted and an actual "delayed" was received, then the 3-business day clock started the date the delayed was received - if no reply was received due to backlog or holiday office closures or whatever, the 3-day clock has not even started yet. From your OP, in my opinion, the FFL was able to release the item to you after COB thursday, allowing for the weekend and the official christmas holiday on wednesday. Note also, however, that although the FFL *can* release the item to you three business days after a delayed, they are not required to do so - though if they're holding you up for BS reasons, you're free to walk and take your business elsewhere, and trash the delaying ffl as a fudd, etc. |
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