Delay times

[IQCrashed]

Six days into my transfer the FFL got a Notice to Delay. On the 32nd day after the date of the initial application date the FFL tells me that the status online still says Delayed. I was under the impression that the DOJ had 30 days from the date of application to Deny or Approve or state Undetermined.

Is it Up to 30 days AFTER the 10 day period total of 40 days? How long can the DOJ delay the application?

[Condorguns]

They will change the delay to undetermined after 30 days. Your FFL will need to actually pull your DROS up on the DES system to see this.

For some reason they are no longer providing DES notification when they DROS changes to undetermined.

[Condorguns]

If for some reason it is still delayed have them submit an issue through the DES system. They are pretty quick to get back to you.

[acespawnshop]

Yeah sort of the same problem we had a couple weeks back.

[IQCrashed]

It's been 41 days and the FFL tells me that he actually looks on the system and it still says "delayed". I'm beginning to wonder if my FFL doesn't want to hassle with an undetermined status and doesn't want to refund my money. Is it possible for me to check the status myself?

[San Diego Guns]

It's been 41 days and the FFL tells me that he actually looks on the system and it still says "delayed". I'm beginning to wonder if my FFL doesn't want to hassle with an undetermined status and doesn't want to refund my money. Is it possible for me to check the status myself?

The only people who have access to the DES system are dealers and the state. I would make a trip down there and have them pull it up in the system.

[Condorguns]

It's been 41 days and the FFL tells me that he actually looks on the system and it still says "delayed". I'm beginning to wonder if my FFL doesn't want to hassle with an undetermined status and doesn't want to refund my money. Is it possible for me to check the status myself?

No it's not possible to check it yourself. Have him submit an issue report when you are there. They will call him normally pretty quickly. There is no reason for it to still say Delay. I have never had one do that.

[BrunRox]

Yeah sort of the same problem we had a couple weeks back.

This might be a very dumb question..
But is it required that anyone checking on their "Delay" status, have to show up in person to the store doing the paperwork, or can they give you an answer with a simple phone call ..,and that way avoid a 1hr. plus drive ?

[Endless]

Six days into my transfer the FFL got a Notice to Delay. On the 32nd day after the date of the initial application date the FFL tells me that the status online still says Delayed. I was under the impression that the DOJ had 30 days from the date of application to Deny or Approve or state Undetermined.

Is it Up to 30 days AFTER the 10 day period total of 40 days? How long can the DOJ delay the application?

What's sad is a routine FBI/State Police check takes 10 minutes and you can be out the door in 20 minutes max in 40 of the 50 states. What does that tell you?

It tells you California is and never has played by the rules.

[acespawnshop]

I don't know why the dealer hasn't called the DES to report this problem yet. If it were me I don't like DROS's just sitting around. Either wrap it up or tell the customer you do not release undetermined DROS's and be done with the transaction. Why would one want to have this just hanging around. Just my $.02 on the issue.

[dbdataplus]

Either wrap it up or tell the customer you do not release undetermined DROS's and be done with the transaction. Why would one want to have this just hanging around. Just my $.02 on the issue.

An attorney who claims to be involved in the political process phrased something I hadn't though of. He said "You've got it all wrong. That 'sole discretion' clause wasn't intended to give the FFL a reason to opt out, it was intended to protect him from the DOJ. He and he alone gets to make the call to transfer the gun and neither the DOJ or AG or anyone else can second guess him."

When you think about it, why would a person in the business of selling a firearm choose not to sell a firearm he was legally allowed to sell? It just goes to show the power of a badly worded regulation

[dbdataplus]

The ATF weighs in on undetermined

Quick addition: Even the ATF says that they no longer have discretion after the status becomes undetermined, so neither the State nor the Feds have the jurisdiction to hold the FFL liable for releasing the firearm

https://www.atf.gov/file/86551/download

[Condorguns]

Quick addition: Even the ATF says that they no longer have discretion after the status becomes undetermined, so neither the State nor the Feds have the jurisdiction to hold the FFL liable for releasing the firearm

https://www.atf.gov/file/86551/download

I don't think the FFLs that refuses to release are worried about the status or Fed's going after them. They are worried about releasing to someone who then does something bad and then they are dragged into civil court.

[dbdataplus]

I don't think the FFLs that refuses to release are worried about the status or Fed's going after them. They are worried about releasing to someone who then does something bad and then they are dragged into civil court.

Yeah .. probably
How ironic