Federal 3 day background check time limit

[h8monday]

If the mandatory back ground check for all firearm transfers passes I assume the system will get back logged again. I was looking at the Brady Law (922) and it has some information regarding how long you have to wait. It clearly states that if no response is received within three days the transfer may proceed. Under this law, none of us should have waited more than three days when the back log was 10-14 days. Did anyone get a call from their FFL saying come get your stuff? Mine definitely didn't. If there are any FFL's on here, can you explain why this provision was ignored?

The statute is 922(t)(1)

Extending the three-day limit for background checks – Under the Brady Act, if the FFL has not been notified within three business days that the sale would violate federal or state laws, the sale may proceed by default.17 (http://us-mg6.mail.yahoo.com/neo/#footnote_16_6353)

Instant approval laws usually allow a

firearm to be transferred when the
checking agency informs the seller that
the transfer may proceed or if no
response is received by the seller
within 3 business days.


The
Brady Act provides 3 days for a checking
agency to respond to an inquiry
from a licensed dealer, but does not
mandate a waiting period for purchasers
(see Background).


The only excemption is if something comes back in the check that needs further research.

http://bjs.ojp.usdoj.gov/content/pub/pdf/ssprfs05.pdf

[HBARleatherneck]

this has been discussed many many times. and you would find the answer via the search button. but, the time limit starts ONCE THE CBI STARTS THE CHECK, NOT WHEN YOU BUY YOUR FIREARM. NOT UNTIL CBI STARTS ON YOUR PARTICULAR CHECK.

[Circuits]

While that's the way the CBI has been interpreting it, I believe they're incorrect. The brady law simply states three days, not three days from when they get around to entering it into the system, and the whole point of the three day limit was to prevent just this sort of bureaucratic snafu from delaying the exercise of second amendment rights by too long.

A lawsuit challenging it would probably have been successful - though the backlog has now been cleared so it would not be heard by a court for being moot.

[HBARleatherneck]

I see your point Circuits. The way its done is how I said. The way it should be done, the way you said.

[h8monday]

this has been discussed many many times. and you would find the answer via the search button. but, the time limit starts ONCE THE CBI STARTS THE CHECK, NOT WHEN YOU BUY YOUR FIREARM. NOT UNTIL CBI STARTS ON YOUR PARTICULAR CHECK.

The way the law reads, as soon as the 4473 is submitted the clock starts.

[h8monday]

While that's the way the CBI has been interpreting it, I believe they're incorrect. The brady law simply states three days, not three days from when they get around to entering it into the system, and the whole point of the three day limit was to prevent just this sort of bureaucratic snafu from delaying the exercise of second amendment rights by too long.

A lawsuit challenging it would probably have been successful - though the backlog has now been cleared so it would not be heard by a court for being moot.


Thanks. If 1229 passes we can expect the back log to come back.

[10mm-man]

If there are any FFL's on here, can you explain why this provision was ignored?



The way the law reads, as soon as the 4473 is submitted the clock starts.

[pick-me]

Let me take a crack at this; I believe it says it "may" proceed. May being the key word, let me explain; If you are someone I know, like my really good friend, brother, sister, someone who does BCG with me all the time and I feel comfortable transferring after the 3days are up, I can transfer. The risk lies on the FFL, and the FFL never has to do a transfer; I can deny to transfer at anytime. Some laywers have stated that it is 3days bottom line and CBI time frame thing is wrong.

Bottom line comes down to the FFL- I don't know people good enough to not wait until it clears. So until I get a proceed, we wait. Here is an example of why I wait; I had a guy use me to transfer a handgun prior to the run on guns. He decided he wanted another gun and had one sent to me. During the wait he got in a fight and arrested on assault with a deadly weapon, BCG came back DENIED because that arrest showed up. needless to say I am glad I waited.

Just keep in mind there is no law saying the FFL "has to transfer" a firearm to you. If he doesn't like the way you smell, look, thinks your a straw purchaser etc. he can deny to do the transfer.

Have a good day! [Beer]