Firearm purchase application "delayed"

[viiiball]

I went this past Monday and purchased a firearm and the approval came back instantly. So I am assuming that our delay in Richmond over the weened was due to the gun show being in town.

[Flavet]

Poor, delayed gun-owning aspirants! Thank your lucky stars that you live in the great and free Commonwealth of Virginia--the home of Washington, Jefferson, and Madison and the Declaration of Rights that was incorporated almost intact in the Constitution as the Bill of Rights. You can KNOW that your state or residence is not attempting to stop you from buying, owning, or carrying a firearm. Can you really inhabit these firearms forums without knowing what it's like to live under an oppressive state government?

[devilfish]

I also get delayed like mr. paliden. Seems some a-hole illegal immigrant here in VA has my name and birthday. My wife is LEO and we found out what this guy is wanted for and its pretty bad. But just remember the State Police are doing their job and id rather them do a thorough check in place of rushing and letting something slip. Also the number of shows and just general transactions can slow the process. My average wait is 2-4hrs.

[allingeneral]

I went this past Monday and purchased a firearm and the approval came back instantly. So I am assuming that our delay in Richmond over the weened was due to the gun show being in town.

Keep in mind that not just the gun show being in town, but any gun show in the state will affect the processing speed of your application. So, if there are three gunshows at various locales throughout the state and you make a purchase - you have three gun shows worth of purchases to wait for...

[BlueSky]

Hi folks from a first-time poster. I am having delay problems also. The first time I purchased a firearm using a DL and a CCL and there was a delay that took approximately 4 hours to resolve. Yesterday, at about 1:30 pm, I attempted to pick up a pistol that was transferred from KY to a local gun shop. Twenty four hours later and there is still a delay associated with it. I read earlier that, after 72 hours with no response, the dealer could consider the transfer as approved. Are Saturday and Sunday considered part of the 72-hr clock? Thanks in advance and I look forward to chatting with you in the future.

[jdonovan]

I read earlier that, after 72 hours with no response, the dealer could consider the transfer as approved. Are Saturday and Sunday considered part of the 72-hr clock?

Its an interesting provision of the law that is mostly an academic debate, because I know of no dealer who does honor it. I've never even heard of an internet rumor of someones dealer who did honor it. Not even I knew a guy who had a brother who worked with a guy who had a friend that had this dealer who did.

FFL's want to stay out of the ATF/State police's visit list. Therefore NO ONE is going to complete a transfer unless it comes back approved.

[dorminWS]

I told my pet FFL guy I wanted a Desert Eagle on 3/13. He replied on 3/14 that he could get one in brushed chrome or satin nickel; but if I wanted one of them golden-colored ones, I'd have to wait for it. I told him I'd take the satin nickel. At 12:41 today (the 15th) he sent me an e-mail that said "THE EAGLE HAS LANDED." I went after it about 3:15, filled out the Virginia form and gave it to him, then filled out the federal form and gave it to him. By the time I finished the federal form, my transaction had been approved.

How's them apples for not wasting time buying a firearm? Sometimes being in a small town in the @sshole of creation pays a dividend.

[BW1911]

I'm just lucky to have a unique enough name that it goes through the automated check okay, and I have never been delayed, even on a weekend. I have seen the FFL holder hit the enter button and by the time he hits another key to change screens, my name is there on the approved list. Thanks goodness my parents went with the unusual name, at least in this regard.

[BlueSky]

I read earlier that, after 72 hours with no response, the dealer could consider the transfer as approved. Are Saturday and Sunday considered part of the 72-hr clock?

Its an interesting provision of the law that is mostly an academic debate, because I know of no dealer who does honor it. I've never even heard of an internet rumor of someones dealer who did honor it. Not even I knew a guy who had a brother who worked with a guy who had a friend that had this dealer who did.

FFL's want to stay out of the ATF/State police's visit list. Therefore NO ONE is going to complete a transfer unless it comes back approved.

I agree that an FFL that proceeded with the transfer without an approved background check proceeds at his/her own peril.

However, because the weapon was paid for and transferred to a local FFL, I ask how long can a background check remain in the "delayed" status before someone in the VA State Police is required by law to take action to either to deny or approve the application? In other words, are the State Police required by law to render a decision in a specified period of time?

[jdonovan]

However, because the weapon was paid for and transferred to a local FFL, I ask how long can a background check remain in the "delayed" status before someone in the VA State Police is required by law to take action to either to deny or approve the application?

Purchase and possession are two separate actions. It should always be understood that the person engaging in a long distance purchase with a separate agent acting as the approval granting entity of possession might run into a problem whereby they are unable to take possession.

In other words, are the State Police required by law to render a decision in a specified period of time?

Code: Select all

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308.2C2
the State Police shall have until the end of the dealer's next business day to advise the dealer if its records indicate the buyer or transferee is prohibited from possessing or transporting a firearm by state or federal law.If not so advised by the end of the dealer's next business day, a dealer who has fulfilled the requirements of subdivision 1 of this subsection may immediately complete the sale or transfer and shall not be deemed in violation of this section with respect to such sale or transfer

[BlueSky]

http://leg1.state.va.us/cgi-bin/legp504 ... .2-308.2C2
the State Police shall have until the end of the dealer's next business day to advise the dealer if its records indicate the buyer or transferee is prohibited from possessing or transporting a firearm by state or federal law.If not so advised by the end of the dealer's next business day, a dealer who has fulfilled the requirements of subdivision 1 of this subsection may immediately complete the sale or transfer and shall not be deemed in violation of this section with respect to such sale or transfer[/code]

The operative here is "may" immediately complete the sale and, as mentioned before, FFLs who want to remain in good standing will probably not avail themselves of this option. The wait goes on.....

[sdlrodeo]

I have a TS clearance, Clarence.
First transfer was instant.
Next one delayed 2 days.
Third one dleayed 20 mins.

All same place all during the week.

Steve

[BlueSky]

Although gratification was not instant, after 6 days of waiting all's well that ends well reinforcing the notion that good things come to those who wait.

[zombiekiller57]

I have a TS clearance, Clarence.
First transfer was instant.
Next one delayed 2 days.
Third one dleayed 20 mins.

All same place all during the week.

Steve

I have heard from dealers that multiple purchases during the same month unless you are a CCL holder can be delayed. Do you have a CCL?

[sdlrodeo]

I have a TS clearance, Clarence.
First transfer was instant.
Next one delayed 2 days.
Third one dleayed 20 mins.

All same place all during the week.

Steve

I have heard from dealers that multiple purchases during the same month unless you are a CCL holder can be delayed. Do you have a CCL?

I should clarify:
All transfers were at the same place on week days, but all were further than 30 days apart and actually, only the last was a handgun.

Steve

[SilentServiceVet]

I would think backlog and common names are often the culprits. I had a TS/SCI codeword clearance and a very unique name, particularly my last name. My previous purchase literally took under a minute to get approval.

[jdonovan]

I have a TS clearance, Clarence.

So?

Its not like the VA State police have access to that database.

All you need is a dirtball with a similar name, and you're kicked into the manual review pile.

[BW1911]

sdlrodeo wrote:I have a TS clearance, Clarence.

So? Its not like the VA State police have access to that database.
All you need is a dirtball with a similar name, and you're kicked into the manual review pile.

+1 to Jdonovan for correctly divining that security clearances can not affect this process one whit, but -1 for not at least acknowledging the gratuitous "Airplane" reference, which surely you noticed...

[jdonovan]

acknowledging the gratuitous "Airplane" reference, which surely you noticed...

Had da damn post been in JIBE it would gots been much simpla' to follow, so cut me some slack, Jack.

[sdlrodeo]

I have a TS clearance, Clarence.

So?

Its not like the VA State police have access to that database.

I do know that the VA State po-po don't really care about nor have access to that database. I believe that the folks (including myself) merely point out the TS clearance because it shows that we have been vetted through a much stricter set of filters and that it could be any number of things causing the delay BESIDES our clear criminal history.

But since I know you dig Jive Turkey, I ain't gonna lay no mo' big rap up on you, man!

leg 'er down a smack 'em yak 'em!