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30 day limit on DROS?

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  • guts1872
    Junior Member
    • May 2016
    • 7

    30 day limit on DROS?

    I started my DROS on 5/4/16. Went to pick up gun on 5/14 after 10 day wait and was told it went to delay status. The notice I got a couple of weeks later was pretty vague and said it be because of personal info, someone with the same name etc.
    Just before my 30 days was up I went to the FFL and asked if they would issue my gun if DROS came back undetermined. They said no, can't blame them really, but still a pisser.
    Anyway, the 30 days arrives and I call to check status and they said they haven't heard anything. So I call them for a couple of days and get nothing. Finally went down to check in person, the guys looks on his computer and says they have to ship the gun back.
    Why would they not give me time to do a live scan or at least wait for the results of my firearm eligibility check?
    On the phone message he said something about "as per DOJ and ATF regulations..." I haven't seen a single thing about a 30 limit to get a gun. Or did I miss something?

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  • #2
    Whiskey_Tango
    Senior Member
    • Mar 2014
    • 1588

    Yes, you must pickup within 30 days or re-DROS.

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    • #3
      Mayor McRifle
      Calguns Addict
      • Dec 2013
      • 7666

      Originally posted by guts1872
      Just before my 30 days was up I went to the FFL and asked if they would issue my gun if DROS came back undetermined. They said no, can't blame them really, but still a pisser.
      Sure you can. Nothing is preventing them from turning your gun over to you. You were not "denied." They're choosing to not give it to you simply because the DOJ didn't do its job.
      Anchors Aweigh

      sigpic

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      • #4
        baranski
        Veteran Member
        • Oct 2015
        • 3852

        Do you have a time machine? How did you get to 5-14-2016???
        Originally posted by ACfixer
        there's plenty of sissies and snitches roaming the hallways here.

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        • #5
          guts1872
          Junior Member
          • May 2016
          • 7

          Lol, typo. 4/14/16.
          Can anyone point me to an FFL that would release my gun to my if my next DROS came back undetermined? All the ones in my area that I called say they won't do it. I don't think we should have to do the legwork for the schleppers at DOJ.

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          • #6
            CWDraco
            Banned
            • May 2007
            • 3359

            Originally posted by guts1872
            Lol, typo. 4/14/16.
            Can anyone point me to an FFL that would release my gun to my if my next DROS came back undetermined? All the ones in my area that I called say they won't do it. I don't think we should have to do the legwork for the schleppers at DOJ.

            Sent from my XT1254 using Tapatalk
            Hard call. The best bet is to get all that drama worked out. Find out exactly what stupid thing is giving DOJ a problem and fix it. This may turn into an even bigger problem if you ignore it.

            I have a very bad story about a guy who did nothing about his stolen identity. It ends with him in jail and getting raped...

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            • #7
              guts1872
              Junior Member
              • May 2016
              • 7

              Originally posted by CWDraco
              Hard call. The best bet is to get all that drama worked out. Find out exactly what stupid thing is giving DOJ a problem and fix it. This may turn into an even bigger problem if you ignore it.

              I have a very bad story about a guy who did nothing about his stolen identity. It ends with him in jail and getting raped...
              I'm currently waiting for my firearm eligibility check to come back. Kind of short on cash for a live scan so have to put that off a couple of weeks. Chaps my butt having to do the DOJ paperwork for them. Seen a lot of posts, one from a lawyer that used to work for them, that has the same theory about them getting all these gun buyers to do their work.
              One more question. At the time I started my DROS I was preparing to move into my wife's house and was having mail forwarded there, but gave the FFL the address I was living at physically. I moved the weekend after my 10 day wait was supposed to be over and changed my address at DMV.
              Could this be what they are choking on? I've asked several sources about this including my FFL and have mixed yes/no answers.

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              • #8
                INVINCIBULL84
                Member
                • Jan 2014
                • 275

                Where r u located

                Comment

                • #9
                  heidad01
                  Veteran Member
                  • Feb 2012
                  • 4902

                  Originally posted by guts1872
                  I'm currently waiting for my firearm eligibility check to come back. Kind of short on cash for a live scan so have to put that off a couple of weeks. Chaps my butt having to do the DOJ paperwork for them. Seen a lot of posts, one from a lawyer that used to work for them, that has the same theory about them getting all these gun buyers to do their work.
                  One more question. At the time I started my DROS I was preparing to move into my wife's house and was having mail forwarded there, but gave the FFL the address I was living at physically. I moved the weekend after my 10 day wait was supposed to be over and changed my address at DMV.
                  Could this be what they are choking on? I've asked several sources about this including my FFL and have mixed yes/no answers.

                  Sent from my XT1254 using Tapatalk
                  Never heard of this one. What is a "firearm eligibility check" ??? Did you do any other paper work other than the Dros that was submitted by the dealer on your behalf?

                  Your change of address at DMV if it was after your 10 days was over would not have affected anything. You get held up or undetermined because of something else you forgot or for got to tell here. Regardless, the determination happens within your 10 day dross period and your change of address would not have affected that.

                  Also, I do not believe any dealer would or should release a firearm to you if you are on hold.

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                  • #10
                    guts1872
                    Junior Member
                    • May 2016
                    • 7

                    Originally posted by heidad01
                    Never heard of this one. What is a "firearm eligibility check" ??? Did you do any other paper work other than the Dros that was submitted by the dealer on your behalf?

                    Your change of address at DMV if it was after your 10 days was over would not have affected anything. You get held up or undetermined because of something else you forgot or for got to tell here. Regardless, the determination happens within your 10 day dross period and your change of address would not have affected that.

                    Also, I do not believe any dealer would or should release a firearm to you if you are on hold.
                    My FFL gave me a form to submit to the DOJ called firearm eligibility check. Basically fill in personal info, copy of drivers license, have it notarized and send it in with $20.
                    DROS is no longer on hold, came back undetermined according to FFL. They won't let me see what DOJ sent or give me a copy, so who knows.
                    The FFL has been treating me pretty crappy so won't be going back there in the future.

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                    • #11
                      ke6guj
                      Moderator
                      CGN Contributor - Lifetime
                      • Nov 2003
                      • 23725

                      Originally posted by heidad01
                      Never heard of this one. What is a "firearm eligibility check" ??? Did you do any other paper work other than the Dros that was submitted by the dealer on your behalf?
                      this.



                      Also, I do not believe any dealer would or should release a firearm to you if you are on hold.
                      CADOJ can put you on hold while they research your record. at the end of 30-days, if they can't determine one way or another, they put it as "undetermined". at that point, the dealer is allowed to release if they wish. some do, others don't.

                      ATF does the same thing, but it only 3-days federally.

                      you may not like it but if they didn't have that, then CADOJ and ATF could slow-play everyone, never give a "proceed" and we'd all be permanently delayed with no way to pick up.
                      Jack



                      Do you want an AOW or C&R SBS/SBR in CA?

                      No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

                      Comment

                      • #12
                        onelonehorseman
                        Veteran Member
                        • Oct 2012
                        • 4888

                        Originally posted by ke6guj
                        this.
                        http://oag.ca.gov/sites/all/files/ag...ms/pfecapp.pdf


                        CADOJ can put you on hold while they research your record. at the end of 30-days, if they can't determine one way or another, they put it as "undetermined". at that point, the dealer is allowed to release if they wish. some do, others don't.

                        ATF does the same thing, but it only 3-days federally.

                        you may not like it but if they didn't have that, then CADOJ and ATF could slow-play everyone, never give a "proceed" and we'd all be permanently delayed with no way to pick up.


                        That's interesting . . .I was not aware of such a form either. However, that won't help if the problem is with the gun and not the purchaser. I had a delay once due to a serial number typo on a theft report somewhere that had the DOJ thinking the firearm I was purchasing was stolen. It was not and it eventually got straightened out . . . after more than 100 days delay. That was before the 30 day limit was imposed. So to your point about the max delay being a good thing, I agree. Except that I believe the DOJ should just release after 30 and not put the burden on the LGS. That's BS IMO.
                        sigpic

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                        • #13
                          zapatito92
                          Senior Member
                          • Jan 2016
                          • 768

                          I had a similar problem at turners, but it was actually a manufactures defect, so they had to send it back, I went over the 30 day period, but they paid for the background check the second time.

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                          • #14
                            guts1872
                            Junior Member
                            • May 2016
                            • 7

                            Originally posted by johnnyjm84
                            Where r u located
                            Located in San Luis obispo

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                            • #15
                              echo1
                              Veteran Member
                              • Apr 2010
                              • 3888

                              That is the exact reason I ask what the store policy is with regard to an undetermined from the DOJ after the 30 day wait. It happened to me on what would have been a smokin deal on a C&R trade. 2-hunnerd mile round trips wasted. Just to have the other fella ship to my FFL at my expense. The 2nd DROS app for the same rifle, nada. Prior to '15 cash and carry. The regs says it's up to the FFL to release or not. It was Target Masters BTW. I'll NEVER do business with them or any other that won't release. ASK, save yourself some grief and money. PAX
                              You need a crew

                              "A free people should be armed and disciplined" (George Washington),

                              Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.~John Adams 1798

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