Release after 30

[ugimports]

I see the potential for civil liability if the dealer releases the firearm under an undetermined status, the buyer turns out to be a prohibited person and later injures or kills a person with that firearm. All FFL holders have two masters, the Feds and the State. Pleasing one does not always please the other!

If the person is later found out to be prohibited I would hope the DOJ would go confiscate the firearm. That really isn't my problem. Otherwise, how is this civil liability any different then someone that gets approved and later injures or kills a person with that firearm?

In both cases I've followed the law. If the broken database that CA DOJ and the federal NICS use is broken I shouldn't be held liable for that.

Here's a more specific example from a customer. I sold a pistol to a customer via PPT (the seller was my original customer) in 2010. The seller/buyer were friends.

The buyer gets picked up on something random in 2013 and the cops run his pistol at that time (registered and legit), BUT tell him he's a felon in possession with a gun. Basically, something in this guys past (40 years) ago was NOT caught during the PPT background check process in 2010. He's a prohibited person (right or wrong I'm not involved). This is how EFFED up the CA DOJ BGC process is. When the guy was BUYING the gun they couldn't figure out he was prohibited.. 3 years after the fact he's getting checked out by the popo for something and then they find the pistol and charge him with a new felony in possession count.

My point is I followed the law and everything checked out. I should NOT be liable civilly or criminally because the CA DOJ can't do their job.

[GPC]

The difference is in your example the determination to release the firearm is made by the DOJ and in mine the determination to release is being made by the discretion of the FFL holder.

[ugimports]

The difference is in your example the determination to release the firearm is made by the DOJ and in mine the determination to release is being made by the discretion of the FFL holder.

The determination to release is ALWAYS at the discretion of the FFL Holder. If the DOJ says Approved and the guy comes in and starts spouting off "Now I'm going to murder my effin b ex-wife and her pesky children, etc.." I have every right in both the ATF and DOJ's eyes to say, sorry, we are not completing this transaction.

So it doesn't really matter what the DOJ responds with as long as I'm following the law.

[Ghostjr]

I hope you guys can help me out. I did ppt on 1/4/14 got a call on the 8th that it was delayed. 30 days later I called the delear and they said they fax the doj. 3 days later and still no awnswer??

[ugimports]

I hope you guys can help me out. I did ppt on 1/4/14 got a call on the 8th that it was delayed. 30 days later I called the delear and they said they fax the doj. 3 days later and still no awnswer??

I had one take about 6 days... I provided DOJ evidence of when I faxed the paperwork, but their document date showed they didn't receive it until 3 days later.. 3 days after that they sent it back.. keep checking with your FFL daily and have him ping DOJ.. On Day 5 I nagged DOJ and on Day 6 the paperwork appeared on my fax.

[Ghostjr]

Will do thanks. They said it might take till Monday but they would call me. I will call them though.