CA DROS Delay

[Creative300]

My 22 pistol was delayed since June 14.

if you paid credit card you could do a chargeback if shop refuses to refund all your money. its not your fault you were delayed or undetermined.

shops should not be allowed to take advantage of this delayed nonsense to double their profits.

The restocking fee is nonsense since you never even took possession of the gun. You were never able to take the gun out of the box or even touch it so there is no reason for a restocking fee.

[Deelayed]

Update to my first Dros delay went in to pick still showed delayed called back 2 hours later and it showed it could be delivered but it was undetermined the second Dros 30 days will be up July 1st at a shop that does not release on undetermined and they want a 25% restocking fee on 1200$ what should I do?

Give us the names of the scurvy dogs who don't release on undetermined!

[Deelayed]

My 22 pistol was delayed since June 14.

if you paid credit card you could do a chargeback if shop refuses to refund all your money. its not your fault you were delayed or undetermined.

shops should not be allowed to take advantage of this delayed nonsense to double their profits.

The restocking fee is nonsense since you never even took possession of the gun. You were never able to take the gun out of the box or even touch it so there is no reason for a restocking fee.

Although I completely agree with you but seeing it from a different point of view maybe they think that since the gun was out of circulation as far as being able to be sold in the shop IE being in the back room on the shelf of the undetermined maybe they feel like they should get something out of it since the state is getting their cut

[Deelayed]

I remember when I got my first delay it seemed like only like a handful of people were getting delays it was like a rarity kind of. Now it's like automatically you should just expect one and be happy about it because it's not a deny which I feel could be coming next whoops sorry did we give you a deny our bad let us fix that for you 6 months down the road it just gradually gets worse and worse at what point do we say enough is enough and put our collective foot down. We are not criminals we have done nothing to deserve this infringement. While the actual criminals are able to roam free packing heat all footloose and fancy free.

[Creative300]

Although I completely agree with you but seeing it from a different point of view maybe they think that since the gun was out of circulation as far as being able to be sold in the shop IE being in the back room on the shelf of the undetermined maybe they feel like they should get something out of it since the state is getting their cut

but the shop can legally release the firearm after 30 days when it has gone to undetermined status.

if the shop refuses to do so that is on them. there is no legal reason for them
not to release it unless its because they find it more profitable to make
money on hundreds of dollars of restocking fees every time that very same
firearm goes to undetermined status with other customers. to me that is called a scam.

"Regardless, the Department is required to make its determination within
30 calendar days. If the Department is unable to make a determination in
this time, the dealer will be notified and may deliver the firearm(s) to you at
hi/her discretion -- ROB BONTA, Attorney General"

[Deelayed]

but the shop can legally release the firearm after 30 days when it has gone to undetermined status.

if the shop refuses to do so that is on them. there is no legal reason for them
not to release it unless its because they find it more profitable to make
money on hundreds of dollars of restocking fees every time that very same
firearm goes to undetermined status with other customers. to me that is called a scam.

"Regardless, the Department is required to make its determination within
30 calendar days. If the Department is unable to make a determination in
this time, the dealer will be notified and may deliver the firearm(s) to you at
hi/her discretion -- ROB BONTA, Attorney General"

You're right those greedy bastards .give us the name!

[Creative300]

Update to my first Dros delay went in to pick still showed delayed called back 2 hours later and it showed it could be delivered but it was undetermined the second Dros 30 days will be up July 1st at a shop that does not release on undetermined and they want a 25% restocking fee on 1200$ what should I do?

Also just read somewhere you could have the gun shipped to another FFL that will release on undetermined.
Maybe all you have to do is pay the FFL and shipping fee if I'm not mistaken. That's what I plan to do if mine goes to undetermined by July 4.
Again this is what I read somewhere can anyone confirm?

Don't know if you would have to re-DROS it though.

[pacrat]

but the shop can legally release the firearm after 30 days when it has gone to undetermined status.

if the shop refuses to do so that is on them. there is no legal reason for them
not to release it unless its because they find it more profitable to make
money on hundreds of dollars of restocking fees every time that very same
firearm goes to undetermined status with other customers. to me that is called a scam.

"Regardless, the Department is required to make its determination within
30 calendar days. If the Department is unable to make a determination in
this time, the dealer will be notified and may deliver the firearm(s) to you at
hi/her discretion -- ROB BONTA, Attorney General"

First off "Welcome to CG".

Now a question for you. Where did that last paragraph in you above post come from?

Can you post a link please?

"Undetermined Refusal for Release" has always been one of my HOT BUTTON issues. Ever since Jan 1, 2014 when pc 28220 [F] was codified.

The Ca-DOJ FAQ page on their web site "USED TO SAY THAT". Which was a BLATANT LIE put there by Kamala Harris as soon as Undetermined became law.

Several months ago, that last line was QUIETLY REMOVED from the DOJ FAQ.

NO FFL has EVER had any discretionary choice whether to release or not. That's the law as written.

[Creative300]

First off "Welcome to CG".

Now a question for you. Where did that last paragraph in you above post come from?

Can you post a link please?

"Undetermined Refusal for Release" has always been one of my HOT BUTTON issues. Ever since Jan 1, 2014 when pc 28220 [F] was codified.

The Ca-DOJ FAQ page on their web site "USED TO SAY THAT". Which was a BLATANT LIE put there by Kamala Harris as soon as Undetermined became law.

Several months ago, that last line was QUIETLY REMOVED from the DOJ FAQ.

NO FFL has EVER had any discretionary choice whether to release or not. That's the law as written.

That's what it says word for word in the letter I recently received in the mail from DOJ. The letter is dated June 12, 2022. Same form letter everyone else gets.

[pacrat]

That's what it says word for word in the letter I recently received in the mail from DOJ. The letter is dated June 12, 2022. Same form letter everyone else gets.

Thank You, that confirms what I suspected. They removed "Kamalas BIG LIE", from the DOJ website.

But are still promoting it in the "delayed" form letter.

[ProfChaos]

That's what it says word for word in the letter I recently received in the mail from DOJ. The letter is dated June 12, 2022. Same form letter everyone else gets.

I love how the letter is generic and full of grammatical errors. That alone should be used against DOJ in any suit filed.

[Creative300]

Thank You, that confirms what I suspected. They removed "Kamalas BIG LIE", from the DOJ website.

But are still promoting it in the "delayed" form letter.

No problem glad to help.

Not familiar with the Kamala thing you're referring to, but I wouldn't trust her farther than I could throw her.

We should start a list of FFLs that will release on undetermined. Even if your primary FFL won't release, you could have your firearm shipped to one that will.

[LMan57]

Well, I just got a call that the DOJ. has not approved the background paperwork on a Walther .22 this is crazy.

[pacrat]

No problem glad to help.

Not familiar with the Kamala thing you're referring to, but I wouldn't trust her farther than I could throw her.

We should start a list of FFLs that will release on undetermined. Even if your primary FFL won't release, you could have your firearm shipped to one that will.

Bolded ..... Back in 1991 when DROS was required for all transfers of firearms in CrapOfornica. There WAS NO UNDETERMINED status in the law. Ca pc-28220.

After 23 yrs of abuse of the delay status after the mandated 10 day wait. During which DOJ can and did, often place a transfer on "DELAY". Sometimes for years.

During which time the BUYER could not take possession. Of his already bought and paid for firearm. And the FFL could not sell the gun to anyone else. Because the DROS was PENDING.

That was "SUPPOSEDLY RESOLVED" on Jan 1, 2014 when pc-28220[F] was codified. Making the MAXIMUM delay, NO LONGER THAN 30 DAYS.

In reality according to the LAW AS WRITTEN. An undetermined status after 30 days. Is exactly the same as DROS release after 10 day wait.

Because that is how the statutes for both are written. Kamaltoe didn't like losing the ability to screw citizens out of their guns. But there was nothing she could directly do to stop it.

Hence her BIG LIE. She changed the DOJ-FAQ page by adding the same last phrase as is on your letter. Inferring a NON EXISTANT "discretion" on FFLs.

Which just as planned, created a crap storm of idiot FFLs lacking the language skills to actually read the law. So they believed her.
Because her DOJ peeps in the field were also giving false implications to FFLs. That if they released on undetermined. And the buyer later committed a crime with the gun. That the FFL "could possibly" be sued and found liable for the crime in civil court.

Which is another duplicitous LIE. FFL dealers are covered by the PLCAA.

Relevant codes are pc-28220[A], 1991 <release after 10 days. And pc-28220[4], 2014 <release after 30 days. BOTH OF WHICH ARE SAME WORDING.

[Creative300]

Thank you for the info. From now on I will be sure to find out in advance if the FFL will release on undetermined after 30 days. Even if they dont have the gun I want, I could always do a transfer to that FLL. Problem solved. Waiting up to 30 days is better than waiting potentially many months or years.

Have called about half a dozen reputable FFL's so far in LA and OC area to ask if they would release: half of them said they will and half won't. The good news is finding one that will release after 30 days isn't hard.