10+ day wait vs NICS question

[Blownmotor]

Ok, so pretty much tens of thousands or maybe hundreds of thousands of people are buying guns whether for the first time or just getting another. What does the CA DO effing J do that's so special in their background check that requires 10+ days versus states that only do NICS? Even then in certain cases it come back undetermined.

The only way I could see it would take this long is a) they are staffed exactly like the DMV b) they already did it in 15 to 20 minutes but they're just being a dick making you wait, or c) they only process some arbitrary amount of checks a day

[madmike88]

Probably b

[Sailormilan2]

The 10 day has nothing to do with a background check. It is a "cooling off" period to prevent people from getting mad at someone/something, going an buying a gun and going postal. Quite frankly it is a joke, but it is something that is in effect.
The actual background check only takes a few minutes.

[Blownmotor]

The 10 day has nothing to do with a background check. It is a "cooling off" period to prevent people from getting mad at someone/something, going an buying a gun and going postal. Quite frankly it is a joke, but it is something that is in effect.
The actual background check only takes a few minutes.

How do you explain the delays?

[Fizz]

The 10 day wait is a statutory requirement.

Also, the government information systems suck. They probably abuse those extra days when the check isn't instant to turn things off and on again and avoid having to do things in a better way.

[Librarian]

We had a lawsuit about that, and DOJ testified about what they were doing.

Let me see if I can find the thread ...

[sigstroker]

Read it just before bedtime because DOJ spun some nice fairy tales in it.

[MARKFP]

I was told by the wife of LGS after she had retired from DMV that through her career they were not required to "process as many as possible in a shift", do what you feel comfortable. Perhaps DOJ has the same mindset, I'm sure it has no political bias. LOL

[Skip_Dog]

As stated above the 10 day has nothing to do with background. Look at the ammo law. Same check, just as fast as when you buy a gun. 10 days is BS Cali crap.

[Blownmotor]

As stated above the 10 day has nothing to do with background. Look at the ammo law. Same check, just as fast as when you buy a gun. 10 days is BS Cali crap.

It doesn't explain the delays

[Librarian]

Lawsuit was Silvester v Harris - we won at Eastern District, lost at 9th when Harris appealed, and SCOTUS denied Cert.

But, here is some of the trial testimony, March 26, 2014 - https://michellawyers.com/wp-content...ch-26-2014.pdf

at page 171

Q. After the DROS application is filled out and the dealer
handles it, what happens next to that application?
A. The application is electronically submitted to the
department. The department begins the background check
process, which -- which incorporates -- the first thing that
we do is we pull off the purchaser's name information and DMV
information, and we verify that against the Department of
Motor Vehicles files -- California Department of Motor
Vehicles files to ensure that the purchaser's identification
information is accurate.
...
Q. Is there -- are there any other databases that are checked
at that initial point along with or near in time to the DMV
check?
A. Yes. We also strip off the information relating to the
firearm, and we run that information against the Department of
Justice Automated Firearms System to see if the firearm had
been previously reported lost or stolen by a law enforcement
agency.
...
Q. Let's talk about a typical DROS application coming
through. If it passes the DMV check without any hits, so to
speak, and if it passes through the AFS check without any
hits, what happens next?
A. The next process is to begin the process of inquiring into
the prohibited databases that might have information on the
purchaser that would indicate that the purchaser is not
eligible to own or possess firearms.
Q. Okay. Is there one database that's looked at, or are
there multiple database?
...
Have you heard of a database that goes by the name
ACHS?
A. Yes. That stands for Automated Criminal History System.
It's the California Automated Criminal History System.
Q. What kind of records does the ACHS contain?
A. It contains criminal history information reported to the
department by state-wide criminal justice agencies.
Q. Is this database a state database, a federal database, or
some other entity's database?
A. It's a state database.
...
Q. In your work at the Bureau of Firearms, have you heard of
another database that goes by the acronym CARPOS?
A. Yes.
Q. What does that stand for?
A. California Restraining Order -- Restraining and Protective
Order System.
...
A. CARPOS is a state database.
...
Q. Among these databases, have you heard of the one that goes
by the acronym of WPS?
A. Yes, that stands for Wanted Persons System.
...
A. It's a state database.
...
Q. Have you heard of a database that goes by the acronym
MHFPS in your work at the bureau?
A. Yes, Mental Health Firearms Prohibition System.
...
A. It's a state database.
...
A. Yes. There is a check with the Consolidated Firearms
Information System, which is a system that's used to process
DROS information. It looks for whether a DROS from the --
this individual -- or this individual had been previously
denied on a purchase before. It's sort of a trigger, sort of
a reminder to people maybe you need to look a little harder,
dig a little deeper. If you don't see anything out there now,
they may have been previously denied, so you need to look a
little bit deeper.

We also look at the federal databases, which is the
National Instant Criminal History Check System, known as NICS.
And under the NICS umbrella, there are a number of databases.
...

Buford's testimony on DROS background check processes runs down to p 225

[Blownmotor]

Thank you Librarian! It's gonna be a long read

[Marauder2003]

I used to complain about the 10 days. Now that I am in a free state I complain about the 275+ day wait for a federal tax stamp on a gun muffler.