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My stepdad bought a 1911 from a friend of mine, went to the local ffl, transferred the gun. 10 days later they send him a letter stating they put a hold on the transfer. It was pretty vague, pretty much just stated on the letter that they had 30 days to make a decision on what they would like to do. If it goes past that 30 day mark, apparently the ffl decides if the purchaser can receive the gun. (30 days later)The local ffl called the doj and didn't really get much info from them, they stated they will put an inquire in but they never heard back after that. Now we are here on day 39 still with nothing. Can any of you more knowledgeable people give me some input on what we should do now? Just wait it out? I feel like it's a pretty ridiculous amount of time to put a hold on it. Also worth noting, his record is 100% clean and it's also his first firearm purchase. Whitch could be the hold up but I know many of people that got their first firearm at the 10 day mark.
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find an ffl who will release on undetermined -
A little late for that now........
It could be something as simple as 2 guys having the same name - one a good guy and the other a bad guy. At least the seller is a friend of yours and if the FFL will not release the gun your friend should get it back them you can sort out the reason for the delay and redo the deal elsewhere. Since you're at day 39 I'm pretty sure the DROS is dead and your friend should get the gun back asap.Last edited by M1NM; 05-18-2017, 9:32 PM.Comment
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I don't know if a new purchase is any different than PPT in this situation. I didn't think it would be...
A recent purchase of mine was delayed. By day 32, with the FFL calling multiple times per day since day 30, the DOJ finally changed the status to undetermined and the FFL released my purchase.
They have to change the status to undetermined after it hits 30 days, then the FFL may release. I would ask the FFL to call, and keep calling until they get the status changed.
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That's the first I've heard of a status change beyond day 30. But I'm no FFL, maybe they see that regularly. I thought there was a computer system that automatically kicks to "Undetermined' at day 30 to the second. Who knows, maybe there's glitches..... Weird.
Anyway OP. You really have a couple options now. You can have your buddy re-take possession and go elsewhere..... That will release. Or you can try and re-DROS there (not recommended). I assume that you kicked to "Undetermined" and the FFL is dragging his feet, and stringing you along for the ride to the inevitable. You're undetermined and he's not going to transfer.
He's probably going to drag you along until you've had enough and request for him to cancel the transaction. That way he can stick it to you easier and harder with the fees he wants to nail you with. You see, if he tells you "sorry buddy, I know that the law allows me to transfer to you, but I'm going to choose not to", then it will be harder to explain and justify while he's bending you over and ramming it home.
He's playing games with you. He knows exactly what's going on. So who's doing the transfer?We have too much to lose and so we'll lose it all - sd_shooterI try to frame my response to be useful to those observing, with little regard to convince the opponent of my awesomeness - EM2TRUMP/NUNESIt's hard to win an argument with a smart person, but it's impossible to win an argument with a stupid person - WhitefangComment
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OP, DOJ options on transfer are.
[1]...Approved
[2]...Denied....they tell you why they denied....unless they jerk you around and claim OTHER.
[3]...Delayed...........Which goes to "Undetermined" at 30 days. At which time the FFL can lawfully release to purchaser.
If the FFL is refusing to release on an "undetermined" status. They are themselves denying the buyer their 2A right to purchase a firearm, solely on their on volition. That means they are a TURD. Because they can but they won't.
TURDs stink and should be avoided. They should also be PUBLICLY OUTED as TURDS here on CG, so other law abiding citizens can avoid them.
JM2cComment
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Thanks for the replies everyone. Some good info here. If in fact it does automatically switch to undetermined after 30 days(and it's up to the ffl), it's a little odd he couldn't get the gun when he went in to get it over the 30 day mark.. I know you guys want to know what place, but they are a reputable and well know firearm shop. I'd like to think it's just some mix up on doj side. I don't want to throw anyone under the bus if it's truly not their fault. But what the hell do I know, that's why I posted here to get some better advice lolComment
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You've got that all wrong. This is easy.....
If the delayed buyer went in after 30 days and couldn't get the gun from the FFL
The FFL is NOT going to release the gun. They are not reputable at all...
Have the seller go fetch the gun back. Find a FFL that will release after
30 days (like Riflegear..etc...call FFLS FIRST to make sure) and re-dros
the gun.
Be well
Bob
May the Bridges I burn light the way.
Life Is Not About Waiting For The Storm To Pass - Its About Learning To Dance In The Rain.
Fewer people are killed with all rifles each year (323 in 2011) than with shotguns (356), hammers and clubs (496), and hands and feet (728).Comment
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I posted on another forum FYI Turners no longer releases on undetermined. Firearms returned to seller or are surrendered to leos if seller does not receive it back. I signed an affidavit to that affect yesterday at Turners Signal Hill agreeing to that..Last edited by edgerly779; 05-19-2017, 5:27 AM.Comment
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This was my understanding too, however they did show me where it still said "Delayed" in the DROS system after the 30 days. The majority of the phone calls ended in whoever answers the phone just relaying a message to the DROS department. Then finally the right person called the FFL back on day 32 and changed the status. Maybe I had an extra special delay, who knows. I think it did help that I had a PFEC from within a few months of my purchase stating I was eligible, at least from the FFL's perspective.Last edited by ajb78; 05-19-2017, 5:33 AM.Comment
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To give you more info then you need.
When you go in to buy you State and Federal Laws for background checks apply.
*Example*
State says : DROS ran 5/5/17 First day to release 5/15/17 Last day to pick up 6/4/17
Feds Say: Background ran 5/5/17 good for 30 days (6/4/17)
We you are delayed for more than 30 days the state system changes to undetermined and the FFL now can click deliver if they choose too.
But....
Federally then are breaking the law because its past 30 days.
The State after the delay is past 30 days runs a NICS check and provides that number to the FFL via mail so the FFL can be federally compliant.
Some FFLs dont release.
Some will call after 30 days to get the NICS number to release.
Some wait for the letter.Comment
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We have too much to lose and so we'll lose it all - sd_shooterI try to frame my response to be useful to those observing, with little regard to convince the opponent of my awesomeness - EM2TRUMP/NUNESIt's hard to win an argument with a smart person, but it's impossible to win an argument with a stupid person - WhitefangComment
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update, i forgot to mention he called them yesterday to check status on it. And he pretty much got the same thing "we'll call doj and have them send a request" (or whatever it is they do).
Fast forward to today at about noon. He calls them back, and they say "ok your good to go, you can come pick it up" goes in, gets his gun. didn't say anything about what the hold up was. Just like a standard transfer. Even worse, they didn't even call him back to let him know it can be released.. wtf? So under 24 hours doj got back to them and gave them the ok after all that time previous?? Seems kind of wierd. So total time from transfer, we are at around 7 weeks..Last edited by norcrawler; 05-20-2017, 6:09 PM.Comment
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Probably got lost in a pile and until someone asked about it, no one looked at it again.Comment
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