Gun Purchase Delays Arizona 2015

[Chancelot]

New to site and the forums. I purchased a Smith and Wesson M&P .380 Crimson Laser. The store I went to had to order the pistol which took over 8 days. They call me and say my gun is in I go there only to find NOW they will run the background check? I was instantly delayed by FBI. Now I have waited another 8 days and still no change to status when store checked today for me. I know the laws and do understand all the reasons for a gun delay. So here is my question after reading much I see that it can now be up to the gun store after these long delays to turn the gun over to the purchaser, or not? So it is up to dealer after too long a delay?
You know we try to do the right thing and purchase legally and register our guns. They allow these delays to go on way too long. They wonder why in states like Arizona people say screw it and go to gun shows or backyard sales to purchase!
I am ready to get my down payment back from the dealer and do just that. Any suggestions before I do?

 

[Arik]

Yes they run the check at the time of purchase only. Not before.
No they can't give you the gun. Or turn it over to you. You are either approved or not. If you are on delay you have to find out why. Sometimes it's nothing more than sharing the same name as a criminal. If you had a dui or owe child support you might be put in a delay. A gun shop WILL NOT sell to you on anything buy a passed background check

gun shows don't work that way either. A dealer at a gun show has to do the same background check as he would in the store. There is no such thing as a gun show loophole. The only thing that changes is the physical building in which the sale occurs. Otherwise the laws are very clear. ...pass background check and get a gun.....same as in a gun store

What state are you in? Once again your info is wrong on that too. Some states allow person to person sales who are both residents of that state, some states do not allow under any circumstances and some states allow only long guns.

And please don't fish for illigal advice you won't find that here or any other gun forum. Those of us who are here are all legal and buy our firearms legally, following state and federal law

 

[Louchia]

My understanding is that once you agree to buy a gun at a FFL, you fill out an ATF4473 for an instant back ground check. Once the FFL puts in the request, it may take only a matter of minutes to get a response. If for some reason there needs to be a further check, it can take up to 3 days. If the FFL does not get a response within 3 days, he can make the decision to go ahead with the sale.
Could be wrong but I believe that's the rule

 

[Lee's Landing Billy]

Move to S.C., no such shenanigans here! If you buy here at a gun show, you pay the man and walk away. Go to Armslist, you can buy guns from people in Walmart parking lot, or my favorite Krispy Kreme. Nothing like a hot do-nut and a clean model 28 to wash it down!! I have a range and a lot of folks shooting, I would say no one has bought a gun at a retail outlet in years. A concealed carry permit in S.C. is an immediate sale at retail outlets here.

 

[pawngal]

My understanding is that once you agree to buy a gun at a FFL, you fill out an ATF4473 for an instant back ground check. Once the FFL puts in the request, it may take only a matter of minutes to get a response. If for some reason there needs to be a further check, it can take up to 3 days. If the FFL does not get a response within 3 days, he can make the decision to go ahead with the sale.
Could be wrong but I believe that's the rule

That is correct. It is 3 business days, not counting Sat. & Sun.
Then the FFL CAN transfer the firearm but is NOT required to
do so. That is federal regulation.

 

[wheelgunguy]

You know we try to do the right thing and purchase legally and register our guns.

Why do you think registering your guns in Arizona is the right thing?

 

[Bill_inBouse]

I have never registered a firearm in Arizona, it's not required.

 

[yaktamer]

I have never registered a firearm in Arizona, it's not required.

It's not even possible.

 

[chaparrito]

Gun shows in AZ, if the seller is not an FFL holder, it counts as a face to face sale, which is legal. Many consider that a "loophole". Some states I guess require show sellers to be FFL holders. AZ doesn't. Guns aplenty at our shows with unknown provenance.

Any idea why you were delayed? I've never had it happen.

 

[b_san]

Yes they run the check at the time of purchase only. Not before.
No they can't give you the gun. Or turn it over to you. You are either approved or not. If you are on delay you have to find out why. Sometimes it's nothing more than sharing the same name as a criminal. If you had a dui or owe child support you might be put in a delay. A gun shop WILL NOT sell to you on anything buy a passed background check

gun shows don't work that way either. A dealer at a gun show has to do the same background check as he would in the store. There is no such thing as a gun show loophole. The only thing that changes is the physical building in which the sale occurs. Otherwise the laws are very clear. ...pass background check and get a gun.....same as in a gun store

Your post is incorrect, they can give him the gun legally on a Delay status after 3 business days (not counting the day he filled out the 4473) if no further status is provided. However the FFL isn't required to, it's their choice. The 3 business day delay is in federal law and spelled out in ATF regulations.

http://www.fbi.gov/about-us/cjis/nics/federal-firearms-licensees/a-nics-delay

If the FFL has not received a final determination from the NICS after three business days have elapsed since the delay response, it is within the FFL’s discretion whether or not to transfer the firearm (if state law permits the transfer). If the FFL transfers the firearm, the FFL must check “no resolution was provided within three business days” on line 21d of the ATF Form 4473.

Applicable Federal Regulations

28 Code of Federal Regulation Part 25—The National Instant Criminal Background Check System (NICS)

Section 25.6(c)(1)(iv)(B)—Delayed response provided to FFL:

(B) “Delayed” response, if the NICS search finds a record that requires more research to determine whether the prospective transferee is disqualified from possessing a firearm by federal or state law. A “Delayed” response to the FFL indicates that the firearm transfer should not proceed pending receipt of a follow-up “Proceed” response from the NICS or the expiration of three business days (exclusive of the day on which the query is made), whichever occurs first. (Example: An FFL requests a NICS check on a prospective firearm transferee at 9:00 a.m. on Friday and shortly thereafter receives a “Delayed” response from the NICS. If state offices in the state in which the FFL is located are closed on Saturday and Sunday and open the following Monday, Tuesday, and Wednesday, and the NICS has not yet responded with a “Proceed” or “Denied” response, the FFL may transfer the firearm at 12:01 a.m. Thursday.)

 

[Roadtrash]

I've bought several in AZ and never had a problem of any kind. Maybe there is something in your background that you haven't thought about.

Since I got my CC several years ago when I go into a store and hand them my drivers license and permit and bang I'm ready to go.

I know you don't even need to get a permit anymore but I already had it before the law changed and it does let me carry in some other states and helps when buying another gun so I keep it up to date.

 

[Chancelot]

Yes they run the check at the time of purchase only. Not before.
No they can't give you the gun. Or turn it over to you. You are either approved or not. If you are on delay you have to find out why. Sometimes it's nothing more than sharing the same name as a criminal. If you had a dui or owe child support you might be put in a delay. A gun shop WILL NOT sell to you on anything buy a passed background check

gun shows don't work that way either. A dealer at a gun show has to do the same background check as he would in the store. There is no such thing as a gun show loophole. The only thing that changes is the physical building in which the sale occurs. Otherwise the laws are very clear. ...pass background check and get a gun.....same as in a gun store

What state are you in? Once again your info is wrong on that too. Some states allow person to person sales who are both residents of that state, some states do not allow under any circumstances and some states allow only long guns.

And please don't fish for illigal advice you won't find that here or any other gun forum. Those of us who are here are all legal and buy our firearms legally, following state and federal law

Honestly I thought its legal I hear all the time in Arizona sales can be made person to person and people own unregistered guns. I really didn't know that. What I meant was I thought it was a legal option that many people chose rather than wait for long delays. I always thought was not a good idea but as who knows were the weapons were before and such. Thank you for educating me and giving me the chance to understand better about the process. I was only going on what people here told me. You see I did choose to purchase and make sure my weapon is registered. Because I do believe it is the best way to help ensure proper ownership and that guidelines are taking seriously.
I was hoping to be able to go twice now with my friends to target practice. But now I hear these delays can run months. Also I was told by the dealer there is no way to find out why?
He could only tell me my status was unchanged.
Please do not say I was phishing for illegal information. Seriously on an open forum for Smith and Wesson? I may have been improperly informed would be a better approach perhaps? But again thank you for trying to help me, Chance

 

[Chancelot]

My understanding is that once you agree to buy a gun at a FFL, you fill out an ATF4473 for an instant back ground check. Once the FFL puts in the request, it may take only a matter of minutes to get a response. If for some reason there needs to be a further check, it can take up to 3 days. If the FFL does not get a response within 3 days, he can make the decision to go ahead with the sale.
Could be wrong but I believe that's the rule

I agree I even read that on the FBI site so I don't understand this

 

[Chancelot]

I have never registered a firearm in Arizona, it's not required.

See this is what is upsetting the reply I got from Forum leader or whatever said all the opposite, maybe he didn't get my title to my thread I said ARIZONA right,? lol

 

[Chancelot]

Yes they run the check at the time of purchase only. Not before.
No they can't give you the gun. Or turn it over to you. You are either approved or not. If you are on delay you have to find out why. Sometimes it's nothing more than sharing the same name as a criminal. If you had a dui or owe child support you might be put in a delay. A gun shop WILL NOT sell to you on anything buy a passed background check

gun shows don't work that way either. A dealer at a gun show has to do the same background check as he would in the store. There is no such thing as a gun show loophole. The only thing that changes is the physical building in which the sale occurs. Otherwise the laws are very clear. ...pass background check and get a gun.....same as in a gun store

What state are you in? Once again your info is wrong on that too. Some states allow person to person sales who are both residents of that state, some states do not allow under any circumstances and some states allow only long guns.

And please don't fish for illigal advice you won't find that here or any other gun forum. Those of us who are here are all legal and buy our firearms legally, following state and federal law

So do you see where I am coming from now, I live in ARIZONA I put that in my thread title and I did read on the FBI site that the transfer of a firearm is up to the dealer after too long of a delay. And I guess this dealer does not do that there. But I am seeing that person to person is legal and so is unregistered guns? But my answer remains the same I want it to be registered and get my CC ID. And no I was NOT able to find out why the long delay as you also mentioned? You know of a way dealer isn't mentioning to me?

 

[Chancelot]

Why do you think registering your guns in Arizona is the right thing?

I guess its what I keep being told

 

[hoc9sw]

What I read - if the approval does not come back in 3 days, the FFL must choose. Hate to say it, but if i had to decide, with out fed approval, and all the BS these days, I would pass.

 

[pawngal]

New to site and the forums. I purchased a Smith and Wesson M&P .380 Crimson Laser. The store I went to had to order the pistol which took over 8 days. They call me and say my gun is in I go there only to find NOW they will run the background check? I was instantly delayed by FBI. Now I have waited another 8 days and still no change to status when store checked today for me. I know the laws and do understand all the reasons for a gun delay. So here is my question after reading much I see that it can now be up to the gun store after these long delays to turn the gun over to the purchaser, or not? So it is up to dealer after too long a delay?
You know we try to do the right thing and purchase legally and register our guns. They allow these delays to go on way too long. They wonder why in states like Arizona people say screw it and go to gun shows or backyard sales to purchase!
I am ready to get my down payment back from the dealer and do just that. Any suggestions before I do?

You keep mentioning gun registration, What do you consider to be gun registration? I am not aware of any gun registration program in the state of Arizona.

 

[bearman49709]

Yes they run the check at the time of purchase only. Not before.
No they can't give you the gun. Or turn it over to you. You are either approved or not. If you are on delay you have to find out why. Sometimes it's nothing more than sharing the same name as a criminal. If you had a dui or owe child support you might be put in a delay. A gun shop WILL NOT sell to you on anything buy a passed background check

gun shows don't work that way either. A dealer at a gun show has to do the same background check as he would in the store. There is no such thing as a gun show loophole. The only thing that changes is the physical building in which the sale occurs. Otherwise the laws are very clear. ...pass background check and get a gun.....same as in a gun store

What state are you in? Once again your info is wrong on that too. Some states allow person to person sales who are both residents of that state, some states do not allow under any circumstances and some states allow only long guns.

And please don't fish for illigal advice you won't find that here or any other gun forum. Those of us who are here are all legal and buy our firearms legally, following state and federal law

You are WRONG, you have NO clue what you are talking about and owe the OP a apology for telling him "don't fish for illigal advice"!

 

[Retired LTC USAR]

I believe the OP believes that when they do the background check he is also registering the weapon.