10 Day Wait (Silvester v Harris: AG will appeal to 9th Circuit)

[solarmax]

Hi all,

I have read some posts on the new 2014 DROS law. I guess the DOJ has up to 30 days to clear or deny the DROS in the new year.

My question is if they don't respond either with a yea/nay within the 30 days, does that mean it is an automatic pass and I get to pick up my gun? or do I need to re-DROS again and wait again? I think it would be almost criminal for them to force us to re-dros and pay twice or more...

My DROS has been on delay since August of 2013...so not sure if the 30 days only applies to new guns purchased after 1/1/14?

Thanks!

[Tincon]

You should just be able to pick up your gun. But there is a problem with the ATF and when exactly the NICS check was run, as well a a practical problem with FFL cooperation.

Either way if you know you are not prohibited, you might try running another DROS. You may have better luck now...

[dachan]

You should just be able to pick up your gun. But there is a problem with the ATF and when exactly the NICS check was run, as well a a practical problem with FFL cooperation.

Either way if you know you are not prohibited, you might try running another DROS. You may have better luck now...

Close..

As a result of AB 500, pursuant to Ca PC 28220 (f)(4), beginning Jan 1, 2014, all DROS delays will be limited to a maximum of 30days. This means once the DOJ notifies a dealer to delay the delivery of a firearm, the Department has 30days from the original DROS submission date to determine whether the purchase's eligibility is approved, denied or undetermined. If the Department is unable to make a determination within 30days, the dealer will be notified that he or she may immediately transfer the firearm to the purchaser.

Additionally, in accordance with the requirements of AB 500, dealers must comply with the following temporary process to lawfully deliver firearms associated with any DROS transactions originally submitted prior to Jan 1, 2014, that were delayed 30 or more days:

1) Beginning Jan 1, 2014, prior to delivering the firearm, dealers must complete the DROS Delayed Delivery Form (BOF 991) and fax it to the DOJ. The Department will process completed forms within 3 business days and return a response to the fax number provided by the dealership.

2) Once the completed BOF 991 is received, the Department will renew the state and federal background checks and return the form via fax with a final determination status and a renewed NICS Transaction Number (NTN). This will satisfy the federal requirement for a "current" NTN, but you'll probably should complete a new 4473 so that the recertification date is within 30days of the new NTN date.

3) After the Department returns the processed BOF 991, the dealer will have 30days to deliver the firearm to the purchaser. Failure to complete the delivery withing the new 30day period will result in the dealer having to submit a new DROS and applicable fees.

4) After Mar 3, 2014, the Department will no longer accept or process BOF 991 forms for previously delayed DROS that were originally submitted prior to Jan 1, 2014. So if you have any delayed DROS from last year, contact your dealer ASAP to have them get started with the process.

[Tincon]

Cool, I had not heard about that. Did the DOJ/BOF release a memo on it?

[RickD427]

Hi all,

I have read some posts on the new 2014 DROS law. I guess the DOJ has up to 30 days to clear or deny the DROS in the new year.

My question is if they don't respond either with a yea/nay within the 30 days, does that mean it is an automatic pass and I get to pick up my gun? or do I need to re-DROS again and wait again? I think it would be almost criminal for them to force us to re-dros and pay twice or more...

My DROS has been on delay since August of 2013...so not sure if the 30 days only applies to new guns purchased after 1/1/14?

Thanks!

The dealer may release a firearm after the 30 day period. It's not an automatic pass. The dealer has discretion. Please not the meaning of the word "may" as used in the statute.

Of course the dealer may also opt to not release the weapon until notified by DOJ.

[Tincon]

The dealer may release a firearm after the 30 day period. It's not an automatic pass. The dealer has discretion. Please not the meaning of the word "may" as used in the statute.

Of course the dealer may also opt to not release the weapon until notified by DOJ.

Yeah, and they may get sued for conversion if they don't.

[low67vdubinnocal]

Really like to see how this goes after the 30 days. Will dealers release firearms or do full refunds.

[dachan]

The dealer may release a firearm after the 30 day period. It's not an automatic pass. The dealer has discretion. Please not the meaning of the word "may" as used in the statute.

Well may has always been the operative word even in cases where there hasn't been a denial or delay within the 10day waiting period. In CA, after ten 24hr periods, a dealer may release the firearm, unless informed of a denial or delay. The dealer has always had the discretion not to release the firearm if he/she believes the customer is a prohibitted person or there are other circumstances which would preclude releasing the firearm. Therefore, even in the case of no denial, don't go planning to pick up your firearm stoned, high, or talking about those voices in your head.

Of course the dealer may also opt to not release the weapon until notified by DOJ.

Not quite right. For DROS submitted on or after Jan 1, 2014, that are delayed for 30days, the same process described in my previous post applies. However, instead of the Mar 3, 2014 deadline, dealers will be required to submit the BOF 991 form between 31 and 60 days after the original DROS transaction date. If the BOF 991 form is not submitted within this time period, the Department will consider the original DROS abandoned and the dealer will be required to submit a BOF 958 form (DROS Cancellation/Correction form). In such a case, if the purchaser still wants to purchase or receive the firearm, a new DROS, DROS fee, and 10day waiting period would be required. To clarify, if a delay is cleared within 30days of the original DROS submission, the Department will notify the dealer. If a delay is not cleared within 30days of the original DROS submission, the Department will not send out any more notices; the dealer must either submit a BOF 991 form between 31 and 60 days after the original DROS transaction date, or submit a BOF 958 anytime after the first 30days from the original DROS submission. So since the dealer can submit either a BOF 991 or a BOF 958, you should try to be nice to your dealer so that he/she submits the form you prefer. Also, if you think you will encounter a delay, you may wish to clarify beforehand your dealer's policy on BOF 991 or 958 submission (additional costs, refunds, etc.)

[taperxz]

Yeah, and they may get sued for conversion if they don't.

Several posts of this here on CGN suggests that dealers are not releasing.

DOJ is now saying that if the delay is more than 30 days the gun most be re DROS'ed and the waiting starts all over again.

[solarmax]

DOJ is now saying that if the delay is more than 30 days the gun most be re DROS'ed and the waiting starts all over again.

I cannot believe they will make us pay twice. Is that even legal? Isn't part of the DROS payment to pay for services to the DOJ to review the paperwork and give an answer? What is the use of this new law other than giving another revenue source for the DOJ/State...
I thought this law was to help buyers...

[dachan]

DOJ is now saying that if the delay is more than 30 days the gun most be re DROS'ed and the waiting starts all over again.

No, no, no. If a DROS is delayed over 30days, the dealer must either submit a BOF 991 form between 31 and 60 days after the original DROS transaction date, or submit a BOF 958 anytime after the first 30days from the original DROS submission. If the BOF 991 form is not submitted within the allocated time frame, the Department will automatically consider the original DROS abandoned and the dealer must submit a BOF 958 form. Once a BOF 958 form is submitted either because the BOF 991 submission period has expired or because the dealer elected to submit a BOF 958 instead of a BOF 991, if the purchaser still wants to purchase or receive the firearm, a new DROS, DROS fee, and 10day waiting period would be required. Therefore, since it's up to the dealer whether to submit a BOF 991 or a BOF 958, you should try to be nice to your dealer so that he/she submits the form you prefer and thus possibly saving you a re-submission fee.

[solarmax]

Ah ok got it, thanks
I did talk to my dealer and he submitted paperwork for me a couple weeks ago.
I think he submitted the BOF958. My DROS is over 5 month old still on delay...(face palm)

[Ghostjr]

Thanks for the info. I been on delay since jan 8th.

[dresden80]

Hi All new member here. So I have been on delay since 12/19/13. So correct me if I am wrong, tomorrow (1/30) would then be 30 days since the new law took effect. So I should be able to go into my gun dealer and he should be able to release my shotgun to me correct? I was in there today (1/29) and he ran my DROS again and said it was still delayed. But my understanding is that tomorrow they can send in a BOF991 and release the gun to me or should I reapply for a new DROS and pay the 30 bucks. What do you suggest? I am scheduled to take a shooting class on Feb 22nd so I need to have the shotgun by then. Any help or info would be appreciated.

[Tincon]

I'm still waiting for dachan to produce a memo or some indication as to where he is getting his info... But from what he said (which sounds legit) they should have been able to begin this process 30 days after 12/19/13 (since it fell within 2014).