We got our First Eligibility Undetermined Release After Delay today...

[AJsSuperPawn]

This is completely new to me, so I'm a bit confused on how to proceed.

What overall legal liability do we have if we exercise "at our discretion"?

To me, this is a pretty cut and dry case, and my first response is to release the firearm to the owner.

The firearm was brought in on a Pawn (loan) and FDAS'd as such. The Same person who pawned it came in to pick it up, and was delayed. Now we received a notice stating Eligibility Undetermined and that we can release it at our Discretion.

We are ultimately concerned about legal backlash if we do, though.

Also, is there a specific time period that it needs to be released within? Typically a DROS is good for 30 days, but we didn't receive this letter until 30 days, so I'm confused.

Also, is there any additional paperwork to fill out if we release it? Ihave perused the code, but can't find reference to a Release form.

Any help/advice would be appreciated. (And yes, I understand that it is not paid legal advice).

[acespawnshop]

1. Legal DOJ will say its up to you. Our opinion is that we don't conduct background checks on our customers, the state does. If they can't tell me "no" then we give it out. But thats our policy its entirely up to you. Remember if you cant release that gun that was in pawn you have to surrender it to PD. You can't even buy it from them as this violates the PC regarding pawn redemptions on guns. So you can either dispose of it to them or the PD.

2. Specific time frame, DOJ should give you a new NICS number to write on the 4473 and you have 30 days from then to release it.

3. Keep undetermined page with DROS packet along with Delayed page. Mark question 21.C on the 4473 as "no resolution was given after 3 days" Then note it was 30 days. We asked ATF and they told us to do it this way.

4. Hope this help you out.

[AJsSuperPawn]

Thanks a million for the info!

[acespawnshop]

No problem.... Can you make that $1,000,000 check out to CASH...lol (-:

[AJsSuperPawn]

We dont really use checks anymore. I just bundled the bills in Saran wrap and put a stamp on them.

Please let me know when they get to you.

[acespawnshop]

LOL. You had me cracking up.

[acespawnshop]

Besides, what pawn shop uses checks????

[Baboosh]

We are coming up on some of our first DROS delay also and I was curious how it would work.

So they do not need to reDROS?

[acespawnshop]

We are coming up on some of our first DROS delay also and I was curious how it would work.

So they do not need to reDROS?

NO. When DOJ Sends you the undetermined letter, they will also include a new "DROS" number for you, just note it on the 4473 as I have already told AJ's how to do it, just follow the instructions stated above.