Delayed or Undetermined DROS Status

[Socalspeed]

For the experienced sales folk.

I have a DROS for a customer that is "Delayed" status and approaching 16 days. All paperwork and clerical is correct on my end. I talked to DES and they sent the basic " We have 30 days" thing.
But also, at the end of 30, if goes "Undetermined", the dealer can deliver the firearm. Is this fine or not advisable? Seems vague, but I have never had this "Delayed" status with a client.

Thanks in advance.

[OCArmory]

We deliver on undetermined. If you choose not to I would have a written policy posted to protect yourself. My feeling is it is not my job to verify a background check and if the DOJ does not find it important enough to check than who am I to not give them their firearm.

[Socalspeed]

We deliver on undetermined. If you choose not to I would have a written policy posted to protect yourself. My feeling is it is not my job to verify a background check and if the DOJ does not find it important enough to check than who am I to not give them their firearm.

That makes sense to me. Thank you

[kemasa]

It is a hard call since you don't know what the issue is. There is one guy that whines about dealers not delivering on undetermined, but when you search for his rather unique name, there is a lot that comes up which would likely make you not want to transfer anything to such a person, not even a peanut butter sandwich. While it is easy to say that you should transfer it, on the other hand, you don't want to be featured on the 6 o'clock news.

Personally, I would ask some questions and try to get a sense of why there might be an issue. In some cases the person has no idea as it is bogus, but in other cases they know why, sometimes there is a valid explanation, other times not.

[OCArmory]

I would avoid what kemasa says. You are opening yourself up to a lawsuit if they feel you discriminated against them. I would just set a hard policy either you do or you don't.

[kemasa]

So you don't think you should have more info before you make a decision as what to do, that could cause you more problems.

Discrimination for criminal acts is not actionable. if you have a valid basis, that is a defense.

See you on the news.

[BONECUTTER]

After selling guns in Texas I understand what it means to deliver without an "Approval" They have a job to tell with in time frame (30 days CA, 3 more of the county) if someone is bad, if they don't they get the firearm. If I think they are a scumbag I wouldn't sell them a gun to begin with.

In CA I delivery on undetermined for the same reason. Ive had DOJ call me after I delivered an undetermined to tell me he was prohibited and they were going to pick it up from him. I had another that went undetermined and they told me I could still legally deliver but the unit would need to go get the gun back and after telling the customer he decided to cancel.

Like OCArmory said. Either is fine....but pick your policy and stick to it. Deliver or Don't but make sure you have the customer sign something at the start to protect yourself.

[Kestryll]

Oh look! The posts with the childish insults vanished!!!

Isn't that amazing?!?

Next time it might be an account that vanishes! Won't that be fun?

[pacrat]

Hey Kes; you missed post #4 where the childish insults, and aspersions originated.

There is one guy that whines about dealers not delivering on undetermined, but when you search for his rather unique name, there is a lot that comes up which would likely make you not want to transfer anything to such a person, not even a peanut butter sandwich.

At least the OP got, and appreciated, the factual legal info on which to base his opinion.

[kemasa]

Hey Kes; you missed post #4 where the childish insults, and aspersions originated.



At least the OP got, and appreciated, the factual legal info on which to base his opinion.

Except that I wasn't talking about you, but instead about a person who got booted. I wonder why you think it was about you, unless you happen to be the person who was booted.

[taperxz]

Hey Kes; you missed post #4 where the childish insults, and aspersions originated.



At least the OP got, and appreciated, the factual legal info on which to base his opinion.

[Nardo1895]

For what its worth, at my initial interview my ATF rep told me to set a policy and stick to it for the reasons already mentioned. She offered me no opinion on which way I should go, she honestly didn't seem to care.

At my first DOJ inspection my rep told me basically the same thing but I could tell her preference would be for me not to release.