Hnadgun in "DELAY status fore 32 days!!

[Tyke8319]

Have been trying to release a handgun which has been in DELAY status for 32 days. DES says they'll look into it!!
Anyone ever have that happen?

[BONECUTTER]

Yes, nothing you can do till they fix it. If they ran a NICS on day 31 they can have a 3 day delay before NICS approval or release.

[Tyke8319]

Good to know. Never had it happen before. Democracy at work...

[acespawnshop]

Yep I've had that happen a couple times before. I believe I started a thread in this sub forum a while back on this same topic.

[Tyke8319]

Yep I've had that happen a couple times before. I believe I started a thread in this sub forum a while back on this same topic.

What has been the longest time your DROS has been delayed?

[BONECUTTER]

What has been the longest time your DROS has been delayed?

3 years....but that was before the 30 day law was passed.

[acespawnshop]

I think doj cleared it up on day 33 and it went to undetermined.

[Tyke8319]

I think doj cleared it up on day 33 and it went to undetermined.

DITTO...This DROS just cleared (Undetermined). Gun released.

[BONECUTTER]

DITTO...This DROS just cleared (Undetermined). Gun released.

You call DOJ to get the NICS number?

[Tyke8319]

Good point but there was no indication that DOJ contacted NICS??? But to answer your question, no.
Should I assume that they did call NICS?

[BONECUTTER]

Good point but there was no indication that DOJ contacted NICS??? But to answer your question, no.
Should I assume that they did call NICS?

DOJ is required to run a NICS

So federally you can not legally release the firearm as you did not input the new NICS transaction number on the 4473 since its been over 30 days federal law is not being followed.

So be be state & federal compliant, customer goes undetermined:
Contact DOJ or wait for undetermined letter with NICS number:
Write new date and NICS number on 4473 19A and 19B
Check No Response box in 19D
Then legally deliver firearm.

See ATF memo: https://www.atf.gov/file/86551/download

Balancing state and fed laws sucks.

[acespawnshop]

You need to call the DES line and get the new NICS number. They’ll provide it for you.

[Tyke8319]

Thanks guys for the info.
Well, got number, however, on the 4473 19f. reads "optional", which tells me I don't need it?? Maybe???
This is my first Delayed/Undetermined in 43 years...believe it or not. The blessings of living in a small rural town in No. Ca. So, this process is a new one.
I do appreciate the input..
And, I'll print out that ATF Memo Bonecutter.

[Tyke8319]

I did notice that the ATF Memo was written May 28, 2015. The current 4473's were revised October of 2016 and don't provide for answers to many of the requirements of the 2015 memo. Could there have been a subsequent memo to the 2015 directing different/updated procedures to correspond to the requirements of the 2016, 4473?

[kemasa]

Thanks guys for the info.
Well, got number, however, on the 4473 19f. reads "optional", which tells me I don't need it?? Maybe???
This is my first Delayed/Undetermined in 43 years...believe it or not. The blessings of living in a small rural town in No. Ca. So, this process is a new one.
I do appreciate the input..
And, I'll print out that ATF Memo Bonecutter.

You can't release a firearm unless there has been a background check within the last 30 days. You said that you got the updated number, so put that in 19b. You could also add the date next to it or somewhere else to document when you got the updated background check number to show it was within 30 days.

19f is optional, but it is for the NICS EXAMINER, if you have the name and number of the NiCS examiner, you can put it there, but I doubt that you have that. The number is the NICS examiner's number, not the background check number.