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As most here are doing I'm trying to get in all of my sse this year (whatever I can within the time left). Some ffls are stating that all guns must be picked up by the end of the year. I have one dros scheduled on an sse gun to happen dec 29th. My Ffl thinks this will be fine and shouldn't be an issue, however if it is an issue, wouldn't this unconstitutional law be the reason for the doj refusing to deliver the gun to me? Is there any legal recourse if they will not allow the delivery if i already have guns?
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Sure- there is always legal recourse. You can hire an attorney and file a lawsuit. then wait years for it to move thru the courts. When it's all said and done you might even win. Course your Attorney will win either way.Only slaves don't need guns
We stand for the Anthem, we kneel for the crossOriginally posted by epilepticninja
We already have the only reasonable Gun Control we need, It's called the Second Amendment and it's the government it controls.
What doesn't kill me, better run -
The only real time you have poss. recourse against an FFL for nondelivery is a situation when DOJ says "undetermined" after period time (30 days? forgot details) and it's left up to the FFL to release the gun or not.
In that case, you've paid for gun, the gun is yours and is legally releaseable to you. If FFL doesn't release, he's holding your property and "failing to perform".
Bill Wiese
San Jose, CA
CGF Board Member / NRA Benefactor Life Member / CRPA life member
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No postings of mine here, unless otherwise specifically noted, are
to be construed as formal or informal positions of the Calguns.Net
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employer. No posts of mine on Calguns are to be construed as
legal advice, which can only be given by a lawyer.Comment
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But the doj is at fault for not allowing the release of the gun to me in the case I outlined right? And the only reason is because of the 10 day wait. Now I have a gun that was legally purchased and paid for, I passed the background check, but because of the 10 day wait they will not allow delivery of an "unsafe handgun" even though it was purchased in a legally configured state on 12/29. I know the whole thing with sse isn't ironed out yet, some ffls say dros date is all that matters and others say everything must be completed by 12/31. For me, my Ffl stated they would refund me with no extra charges but I want the gun.Comment
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If you really want the gun find an FFL who doesn't need 4 months to deliver.Comment
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Since the gun is delivered and involves converting what was a semiauto, then a single-shot, back to a semiauto, and that last step occurs on or after Jan 1 2015, that's an issue with AB1964.
Now, in past - relating to AWs in SB23 times - in 2000, DOJ allowed purchase of to-be AWs right up to the end of Dec 1991, with pickup ranging into Jan 2000. But that did not involve a last-minute act in relation to a law written the way AB1964 is.
Best practical answer.Originally posted by dantodd
Bill Wiese
San Jose, CA
CGF Board Member / NRA Benefactor Life Member / CRPA life member
sigpic
No postings of mine here, unless otherwise specifically noted, are
to be construed as formal or informal positions of the Calguns.Net
ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my
employer. No posts of mine on Calguns are to be construed as
legal advice, which can only be given by a lawyer.Comment
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The issue I see is that the judgement allowed 180 days stay. Therefore your purchase would not be bound by the judgement and subject to current law. That's only my opinion, with no legal expertise.Comment
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