DROS question

[Fuzzy5]

Hi all,

Sorry if this has been answered elsewhere. My searches were unsuccessful.

Anyway, here's the situation: I am planning on ordering some off-list lowers and DROS'ing them at an FFL who lives quite a distance from me (best price and OLL-friendly). The lowers are back-ordered and may not arrive for a couple months, but I am going to be in the FFL's area soon while on my way to a family vacation. I want to start the DROS at that time and then come back after the lowers arrive and the 10-day wait is over, which will likely be outside of the 30-day window required from background check to pickup date. Is it ok for the FFL to have me start the paperwork, then wait to start the background check until the lowers actually arrive?

With the rising gas prices, I'd really like to avoid an additional 150-mile roundtrip.

[The SoCal Gunner]

Some FFLs will do it if they can get the serial # of the lowers while most I know won't do it. Not sure if it is legal or not but best to ask your FFL.

[tazmanian devil dog]

Technically, no. The reason is: for one like you said it will be out of the 30 day pick up window. Secondly, it's a touchy thing to start and stop DROS paperwork like that, most dealers will not do it. Now having said that, it may be legal to fill out the paperwork, sign it but leave the date blank. When your OLL comes in the dealer could theoretically just fill in the date for you and then run you through the DOJ computer system and start your ten day wait. If I were you, I would call DOJ and ask them if indeed that would be legal. Just don't give them your name, cause they'll probably start a file on you like they did oaklander, lol.

[Shane916]

Hi all,

Sorry if this has been answered elsewhere. My searches were unsuccessful.

Anyway, here's the situation: I am planning on ordering some off-list lowers and DROS'ing them at an FFL who lives quite a distance from me (best price and OLL-friendly). The lowers are back-ordered and may not arrive for a couple months, but I am going to be in the FFL's area soon while on my way to a family vacation. I want to start the DROS at that time and then come back after the lowers arrive and the 10-day wait is over, which will likely be outside of the 30-day window required from background check to pickup date. Is it ok for the FFL to have me start the paperwork, then wait to start the background check until the lowers actually arrive?

With the rising gas prices, I'd really like to avoid an additional 150-mile roundtrip.

Answered your own question right there :)

[Fuzzy5]

Answered your own question right there :)

Ha, well, not really. The gist of the question comes down to whether the 30-day window MUST start with the signing of the DROS. As Tasmanian pointed out, you could leave the date blank and start the background when the product arrived (and I have known at least one FFL willing to do it this way), but I don't want to do anything illegal and I certainly wouldn't allow anyone else to on my behalf.

[Fuzzy5]

Just don't give them your name, cause they'll probably start a file on you like they did oaklander, lol.

Thanks for the advice, Taz:)

[DrunkSkunk]

If he's willing to do it then do it.

[Fuzzy5]

If he's willing to do it then do it.

Well, regardless of an FFL's willingness, I want to make sure the entire transaction is completely legal. That being said, the one I know that is willing to do it does not transfer OLLs anyway.

[DrunkSkunk]

SOL

[Mike's Custom]

The answer is NO. The 4473 MUST be signed and dated at the time the state DROS is started. The 30 startes from the time the 4473 is signed and dated and the DROS waiting period and 30 days startes at transmission. So, they both have to start at the same time.

[Fuzzy5]

Thanks for the definitive answer, Mike.

[Shane916]

Thanks for the definitive answer, Mike. I've got one more question for you, if you don't mind: I'll be transferring several lowers to my friends. If I PPT more than one lower to the same person, the fee should be $25 DROS + $10 for each lower, correct?

$35 for all the lowers on one transfer/4473.

[Fuzzy5]

Wow, that will be a good deal for my friends. Thanks, Shane

[Amendment II]

$35 for all the lowers on one transfer/4473.

Actually, it's $25 for the DROS plus $10 for each lower, just like Fuzzy5 first thought.

[Mike's Custom]

Actually, it's $25 for the DROS plus $10 for each lower, just like Fuzzy5 first thought.

Actually, a FFL doesn't have to charge the $10 but tha state allows the FFL to do so. FFLs are also allowed to charge $10 per long gun transfered on one DROS but again that is the FFLs choice. I charge $10 per long gun transferd due to the paperwork and copies of papers we have to keep on file and track as long as we are in business. Bottom line is the $10 fee is not maditory by the DOJ but is the limit FFLs may charge per firearm.

[Amendment II]

Actually, a FFL doesn't have to charge the $10 but tha state allows the FFL to do so. FFLs are also allowed to charge $10 per long gun transfered on one DROS but again that is the FFLs choice. I charge $10 per long gun transferd due to the paperwork and copies of papers we have to keep on file and track as long as we are in business. Bottom line is the $10 fee is not maditory by the DOJ but is the limit FFLs may charge per firearm.

Are you saying that you also charge the extra $10 when you transfer long guns from your own inventory? There is no $10 limit for that. If it's not a PPT then you can charge whatever you want in addition to the $25 in State mandated fees. You just have to make sure the amount is clearly shown as a "dealer fee" and not misrepresented as a State fee.

[FortCourageArmory]

Are you saying that you also charge the extra $10 when you transfer long guns from your own inventory? There is no $10 limit for that. If it's not a PPT then you can charge whatever you want in addition to the $25 in State mandated fees. You just have to make sure the amount is clearly shown as a "dealer fee" and not misrepresented as a State fee.
I think Mike is saying he charges $10 for each long gun transfered under a PPT. I would do (and have done) the same. If the long gun comes out of his inventory, he may charge any amount of "dealer fee" he wishes as long as it's stated as a "dealer fee". Mike, I don't want to speak for you, but that's what it sounded like to me.

[tenpercentfirearms]

The answer is NO. The 4473 MUST be signed and dated at the time the state DROS is started. The 30 startes from the time the 4473 is signed and dated and the DROS waiting period and 30 days startes at transmission. So, they both have to start at the same time.

Who said they weren't signed and dated at DROS start? :rolleyes:

So much of this is a gray area. For example, do you think Mike can provide a PC source or 4473 instructions that state the back ground check must be started when the document is signed and dated? I bet he says no only because an agent somewhere told him know. Where did the agent get his/her info? Who knows.

Basically, it boils down to the dealer. If the dealer wants to risk a possible write up for it, then go for it. Basically it is the dealer's responsibility to make sure the transaction is completed as they have been instructed or within the law. As long as they run your DROS and you don't get denied, I don't think there is much they can do to you if your dealer "cuts a corner", even if they really are in the first place.

Personally, I wouldn't do it. You could send me a check for now and wait until it arrives. I actually probably wouldn't even do that and would just find an alternate lower for you to get now and let you spend all the waiting time shooting. Hopefully you already have a couple rifles built up and this isn't your first. If it is, I would just recommend you get something and shoot it. The lower isn't that important (unless it is something exotic without alternatives).

[ohsmily]

Some FFLs will do it if they can get the serial # of the lowers while most I know won't do it.

You don't need the serial number for DROS of long guns, only handguns.