Longer delays spur gun debate

[OakRidgeStars]

http://www2.newsvirginian.com/wnv/news/ ... ate/54446/

http://tinyurl.com/yh29p5c

Longer delays spur gun debate
By Jim Nolan Media General News Service
Published: April 4, 2010

RICHMOND – Prospective gun buyers in Virginia are waiting longer for background checks to clear their firearms purchases.

Gun advocates say the waits — which, in some cases, used to take a matter of minutes — can now take several hours to several days depending on the time and location of the purchases.

“This is not acceptable,” said Philip Van Cleave, president of the pro-gun nonprofit group Virginia Citizens Defense League.

The Virginia State Police, the agency that administers the checks, acknowledges that there has been an increase in processing time.

Officials said it is tied to increased demand for firearms at the same time that budget and funding constraints have reduced the number of staffers available to handle the transactions.

Spokeswoman Corinne Geller said that since May 2009, the agency has lost 11 people from its 28-person staff at the Virginia Firearms Transaction Center, including two federally funded full-time workers who used to attend gun shows and conduct the computerized checks on-site.

She said the delays during peak periods can take four to six hours, with a few that require research into out-of-state records taking overnight.

Van Cleave said the delays are costing dealers money and keeping firearms out of the hands of people who need them.

“It is a safety issue,” Van Cleave said. “A person experiencing a death threat and who is denied a lawful gun purchase overnight would be left helpless at the hands of an assailant.”

He said he has received reports of dealers at gun shows losing up to half their business because purchasers’ background checks have not been completed by the time the show closes.

“We cannot afford to have our dealers weakened by artificially sagging sales and purchasers unreasonably inconvenienced,” he added.

In Virginia, buyers who purchase firearms from a licensed dealer are subject to a criminal background check. Individuals in the state can still conduct private sales of their guns without submitting their buyers to a background check.

People with mental illness, felony convictions or a record of spousal abuse are not permitted to possess firearms.

Restrictions notwithstanding, Virginia firearms transactions processed by the state police have boomed across the state in the past decade, rising from 182,170 in 2000 to a record 287,462 in 2009. Nearly 4 million legal firearms transactions have taken place in the state since 1989, according to agency figures.

Prospective gun buyers are required to pay a $2 fee for each background check — a figure that has not increased since it was passed in 1989. Last year, legislation to increase the fee from $2 to $5 easily passed the state Senate but was killed in the House of Delegates, due in no small part to lobbying against the measure by the gun groups such as Van Cleave’s VCDL.

“Mr. Van Cleave and some other folks were among those who worked diligently against it — I couldn’t even get it out of subcommittee,”
said Sen. John Watkins, R-Powhatan, who carried the 2009 legislation.
“They want to have it both ways.”

State police said a fee increase would enable them to reduce wait times and process more checks, which have become more labor-intensive as the number of conditions under which someone can be disqualified from owning firearms have expanded.

Technicians now run the purchaser’s information through 13 different databases. If one of the databases hits on a name, the application is automatically given what is called a “pending status” for the technician to do further research. That is where the delays are piling up.

From July 1, 2008, to June 30, 2009, state police said their Firearms Transaction Center processed nearly 300,000 gun background-check transactions.

It collected roughly $620,000, and the cost to operate the center was roughly $860,000. About 11 percent of the background checks arose out of gun shows.

“A $3 increase in the processing fee would enable the FTC to fill its vacant positions, and possibly once again staff the gun shows,” Geller said.

Despite the increased waits, advocates like Van Cleave are not willing to yield on a fee increase. He called it a “250 percent” tax on gun owners and questioned how the state was spending the money it received for the checks.

“If they’ve had record sales of guns in Virginia, they should have record income to easily cover this,” he said, noting that it recently took him four hours to be cleared for a purchase.

“I question the whole principle of gun owners paying for this.”

Jim Nolan is a staff writer for The Richmond Times-Dispatch.


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[LFS]

At 28 people for $860,000, that's an average of $30k/year for the people working there... and that doesn't take into account the non-salary costs. No wonder these things are slow. From a practical perspective, if we want to see faster background checks a fee increase is likely the only way. I don't think I'm gonna gripe any more over a $5 fee than a $2 fee.

Again, that's a practical point. I agree that the background check doesn't benefit me, and that since it was sold as a public safety issue then it should come out of the general funds.

For what it is worth, the check run on me Friday afternoon came back pretty quick.

[Diomed]

The obvious solution is for Virginia to can the state-run system and go to the federal one. Saves the state money and, if they get rid of the stupid and useless SP-65, makes life easier for dealers and buyers.

Of course, that means the state has to give up power. Which is why it won't happen.

[zephyp]

Well, I said before and I'll say it again. If I were VCDL I would begin to remind gun store owners and the VASP that guns can be legally transferred without a BC if it takes longer than 72 hours (I think thats the limit). There is a law that specifically states this but I dont have time to look it up now.

My guess is that if VASP sees gun stores doing this they will move out to correct the situation. The only downside to this strategy is they might inflict some sort of "policy" that says dont release the BC until 70 hours have elapsed...

[GS78]

......I smell a conspiricy....

[Runcible]

I suspect this is all BS. The State Police is hoping that noise from the VCDL will help it keep its funding. The whole process should be automated, requiring human intervention only when a red flag shows up.

[CKinVA]

Well, I said before and I'll say it again. If I were VCDL I would begin to remind gun store owners and the VASP that guns can be legally transferred without a BC if it takes longer than 72 hours (I think thats the limit). There is a law that specifically states this but I dont have time to look it up now.

My guess is that if VASP sees gun stores doing this they will move out to correct the situation. The only downside to this strategy is they might inflict some sort of "policy" that says dont release the BC until 70 hours have elapsed...

Don't know if this is it or not: Virginia Code Section 18.2-308.2:2

"2. The State Police shall provide its response to the requesting dealer during the dealer's request, or by return call without delay. If the criminal history record information check indicates the prospective purchaser or transferee has a disqualifying criminal record or has been acquitted by reason of insanity and committed to the custody of the Commissioner of Behavioral Health and Developmental Services, 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. In case of electronic failure or other circumstances beyond the control of the State Police, the dealer shall be advised immediately of the reason for such delay and be given an estimate of the length of such delay. After such notification, the State Police shall, as soon as possible but in no event later than the end of the dealer's next business day, inform the requesting dealer if its records indicate the buyer or transferee is prohibited from possessing or transporting a firearm by state or federal law. A dealer who fulfills the requirements of subdivision 1 of this subsection and is told by the State Police that a response will not be available by the end of the dealer's next business day may immediately complete the sale or transfer and shall not be deemed in violation of this section with respect to such sale or transfer."

AND...

"C. No dealer shall sell, rent, trade or transfer from his inventory any firearm, except when the transaction involves a rifle or a shotgun and can be accomplished pursuant to the provisions of subdivision B 5 to any person who is not a resident of Virginia unless he has first obtained from the Department of State Police a report indicating that a search of all available criminal history record information has not disclosed that the person is prohibited from possessing or transporting a firearm under state or federal law. The dealer shall obtain the required report by mailing or delivering the written consent form required under subsection A to the State Police within 24 hours of its execution. If the dealer has complied with the provisions of this subsection and has not received the required report from the State Police within 10 days from the date the written consent form was mailed to the Department of State Police, he shall not be deemed in violation of this section for thereafter completing the sale or transfer."

[GS78]

I suspect this is all BS. The State Police is hoping that noise from the VCDL will help it keep its funding. The whole process should be automated, requiring human intervention only when a red flag shows up.

yep, thats what I thought....somehow I can't picture any LEO combing through hundreds of thousands of 3 by 5 index cards in some smoke filled back room......

[Diomed]

yep, thats what I thought....somehow I can't picture any LEO combing through hundreds of thousands of 3 by 5 index cards in some smoke filled back room......

They're not LEOs, they're clerks. It's an entry-level job, with terrible hours and relatively low pay. The good ones get promoted out quickly, leaving the ones that are ... less good.

Federal law specifies that transfers may take place after three business days in the absence of a "proceed", but many dealers will not do it. Pure CYA, and given the legal climate, I can't fault them for that.

[zephyp]

yep, thats what I thought....somehow I can't picture any LEO combing through hundreds of thousands of 3 by 5 index cards in some smoke filled back room......

They're not LEOs, they're clerks. It's an entry-level job, with terrible hours and relatively low pay. The good ones get promoted out quickly, leaving the ones that are ... less good.

Federal law specifies that transfers may take place after three business days in the absence of a "proceed", but many dealers will not do it. Pure CYA, and given the legal climate, I can't fault them for that.

Yup. The question is can the states supersede the 72 hour rule and impose stricter standards. And you're correct. Gun store owners wont do this unless they are faced with special circumstances...

[Dreamerx4]

I am a small potatoes dealer...

That said I do my checks via the internet, and it is almost, without exception, done immediately. Nights, weekends, really have not noticed any difference. I may just be very lucky.

I think if more dealers used the internet resource as opposed to speaking to a human being it would help out quite a bit.

Even with a "Delayed Status", I usually have a response within a couple hours.

I much prefer the VA check as opposed to FBI NICS... just my two cents.

Doug

[Diomed]

The question is can the states supersede the 72 hour rule and impose stricter standards.

Absolutely they can, look at California. Ten day wait there, regardless of background check result.

States, in most cases, not just guns, can enact stricter laws than the feds.

[zephyp]

The question is can the states supersede the 72 hour rule and impose stricter standards.

Absolutely they can, look at California. Ten day wait there, regardless of background check result.

States, in most cases, not just guns, can enact stricter laws than the feds.

Ah yes. Thanks for correcting me. Silly of me to think that the feds might have a pre-emption clause like VA.

[gunderwood]

The question is can the states supersede the 72 hour rule and impose stricter standards.

Absolutely they can, look at California. Ten day wait there, regardless of background check result.

States, in most cases, not just guns, can enact stricter laws than the feds.

Ah yes. Thanks for correcting me. Silly of me to think that the feds might have a pre-emption clause like VA.

Would you want them too? The only reason we have as many rights here in VA is because they don't. Yes, it could help those too stupid to get out of CA, but every other freedom loving state has a lot to lose. I for one don't care at all for CA or what they do or don't do as long as they leave my state alone. Lord willing, I won't ever have to work there, live there or stay there for any period of time.

[zephyp]

No actually not...its too restrictive IMO the way it currently is...yes KA is way out there. Too many liberals. They should just saw it off and let it float away. Maybe it would dock over around North Korea...that would certainly be fitting....give em all a chance to see where their ideas will take them if they dont move to the right a little...well alot...

[TheEqualizer]

Left work early and bucked the traffic and the heat to go and get my gun. At 5 PM it was in pending (delay) status. Waited until 8:00. Still delayed. Never had a problem before. Usually just a few minutes. I have my CHP so you would think that I would be cleared right away since the state has already ran a background check on me. Oh well, maybe tomorrow. The only good thing that came out of it was the cold beer I had while waiting (for nothing.)

[Diomed]

I have my CHP so you would think that I would be cleared right away since the state has already ran a background check on me.

Virginia's not a permanent Brady check exempt state. Few states are...