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Just got "delayed" at my FFL??

This is a discussion on Just got "delayed" at my FFL?? within the Lever Action forums, part of the Gun Forum category; Originally Posted by Jeff42899 It depends on when it was issued or renewed. If it was issued or renewed after March 25, 2015, you do ...


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Old October 27th, 2016, 03:12 AM   #31
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Originally Posted by Jeff42899 View Post
It depends on when it was issued or renewed. If it was issued or renewed after March 25, 2015, you do not need to do the background check. You fill out the 4473 and the dealer takes your CHL info. That's it. The atf and State of Ohio announced it earlier this year.

"COLUMBUS, OH - Buckeye Firearms Association (BFA) is pleased to announced that the Bureau of Alcohol Tobacco Firearms and Explosives (BATFE) has certified the Ohio Concealed Handgun License (CHL) as a valid NICS-compliant background check for firearm purchases. Click here to see the letter from the BATFE.
This is the result of more than six years of work by BFA to improve and simplify background checks for Ohio gun owners. Thanks also goes to Attorney General Mike DeWine, who worked with the BATFE to help win this approval.
And it's great news for Ohio CHL holders and law-abiding citizens who frequently get a "hold" when trying to buy a firearm.
When someone wants to buy a firearm from a dealer with a Federal Firearms License, the dealer must first make sure the buyer is legally approved to make the purchase. After the buyer fills out Federal Form 4473, the dealer either calls in the information or submits it online so the BATFE can perform the required background check and issue the approval.
While this is typically called an "instant background check," for many people it is anything but instant.
"Sometimes the system is down," says Jim Irvine, Board President of BFA. "Or high demand overwhelms the system. Or maybe bad weather prevents government employees from showing up for work.
"For some unlucky people, they share a name with someone else who is not permitted to purchase firearms or errors in the database cause delays. Historically, this has not always been a user-friendly system. Now, Ohio gun owners finally have a solution."
House Bill 234 passed in December of 2014 and became law in March of 2015. That bill improved the background check and added disqualifications so that people who are not permitted to buy or possess firearms do not qualify for a CHL.
By aligning the rules governing the Ohio CHL with federal law, and by checking CHL applications against the same databases the NICS system uses to ensure that everyone issued an Ohio CHL is qualified to buy a gun, the Ohio CHL has been approved as a valid NICS check.
"This is a big improvement," continued Irvine. "It's good for everyone. Legal gun buyers will benefit because they can just show their license when making a firearm purchase. And even those who favor stricter gun regulation will like it because it will help the system do what it's supposed to do, which is help cut down on illegal purchases."
The NICS check is valid for five years, the same as the CHL. If a CHL holder commits a disqualifying offense, sheriffs are notified and can revoke the license and, therefore, revoke the ability of the CHL holder to use the license to purchase a firearm.
"Several other states have been doing this for years and it works well for BATFE, gun dealers, and individuals. It is a proven system in which Ohio is now participating for the benefit of everyone."
NOTE: Only Concealed Handgun Licenses issued on or after March 23, 2015 are NICS-compliant. For those issued before that date, license holders must wait until they renew their CHL for their license to be recognized as NICS-compliant.
In addition, it may take time for dealers with a Federal Firearms License to learn about this new process. Please be patient during this transition period.
---
CLICK HERE to read the official letter of announcement on the BATFE website.
---
Following is a press release from the Ohio Attorney General's office:
Valid Ohio Concealed Handgun License Holders No Longer Required to Submit to Additional Background Checks for Gun Purchases
(COLUMBUS, Ohio)—Attorney General Mike DeWine announced today that Ohioans who have a valid concealed handgun license have now had background checks sufficient to purchase firearms without the red tape of another background check.
The U.S. Department of Justice and the Bureau of Alcohol, Tobacco and Firearms have agreed to Attorney General DeWine’s request for an exemption to the mandatory National Instant Criminal Background Check provided the Ohio concealed handgun license was issued on or after March 23, 2015, and that the permit has not expired under state law or been revoked.
“I’m pleased Ohio concealed carry license holders will not have to undergo additional background checks each time they want to buy a firearm,” said Attorney General DeWine. “Ohio concealed carry license holders who are in good standing have already passed thorough state and federal background checks so there is no reason to force them to submit to additional checks if they want to buy a firearm.”
Attorney General DeWine was able to work with the ATF to obtain this exemption following changes made by the Ohio General Assembly in House Bill 234 that required the use of the National Instant Criminal Background Check System (NICS) for all new and renewed concealed handgun licenses.
Ohio is the 25th state to receive a NICS exemption for its concealed handgun license holders.
The ATF’s NICS Exemption List can be viewed here: https://www.atf.gov/rules-and-regula...dypermit-chart
--"
I can just see the anti-gunners now, "OMG, here they want to water down this background check system, when we really need "universal background checks for all firearms sales"..

As for the OP, this isn't rocket science. If your name is the same or similar to a prohibited person, that person should have a different address, drivers license number, etc. And the last thing I really want to put on any form is my SSN. This system is so messed up.

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Old October 27th, 2016, 04:43 AM   #32
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So now the question is, will they look at my new CCW and waive the delay?
I highly doubt it. The transaction now has a unique ID number that is traceable to you and that weapon. If the delay turns into anything other than a proceed, the dealer is in hot water if he already handed it over.

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Old October 27th, 2016, 04:57 AM   #33
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Sounds like gun regristration to me.

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Old October 27th, 2016, 05:42 AM   #34
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According to my FFL, that doesn't matter.... it has to be sold (transferred) to the person it was shipped to. Period.
Where did he indicate the gun was SHIPPED?

I read it as him saying the gun was on a rack at his LGS, and that's what I was responding to?

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Old October 27th, 2016, 06:28 AM   #35
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According to my FFL, that doesn't matter.... it has to be sold (transferred) to the person it was shipped to. Period.
So my brother [with a credit card] cannot order a firearm from Buds Guns, have it shipped to a local dealer, and then have/allow ME come in and do a form 4473 and a background check so as to take possession of the firearm for myself, because I am the one who wanted it? Shipping goes to an dealer/FFL, who then generates the paperwork and transfer of the firearm - not to an individual person - correct?

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Old October 27th, 2016, 07:43 AM   #36
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See what I mean? There's no reason to take our guns. We'll tolerate anything.
and this is the real truth

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Old October 27th, 2016, 08:04 AM   #37
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Originally Posted by brassmagnet View Post
So my brother [with a credit card] cannot order a firearm from Buds Guns, have it shipped to a local dealer, and then have/allow ME come in and do a form 4473 and a background check so as to take possession of the firearm for myself, because I am the one who wanted it? Shipping goes to an dealer/FFL, who then generates the paperwork and transfer of the firearm - not to an individual person - correct?
Per the US supreme court that would be correct. That ruling happened a few years ago where the police officer bought a pistol at a police discount that his father paid him to buy.

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Old October 27th, 2016, 08:09 AM   #38
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Originally Posted by brassmagnet View Post
So my brother [with a credit card] cannot order a firearm from Buds Guns, have it shipped to a local dealer, and then have/allow ME come in and do a form 4473 and a background check so as to take possession of the firearm for myself, because I am the one who wanted it? Shipping goes to an dealer/FFL, who then generates the paperwork and transfer of the firearm - not to an individual person - correct?
I always thought the form 4473 always identified and checked the recipient / transferee with the receiving FFL holder ID doing the transfer
I don't think they care who pays for the firearm as long as the end user is on the 4473 and background checked

Edit I really got to learn to type faster tnw 50 already said the same thing

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Old October 27th, 2016, 08:45 AM   #39
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Crisis averted....they called me this morning...


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Old October 27th, 2016, 09:15 AM   #40
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Oh boy that's a nice one
FWIW make sure you get your stock placement in your shoulder correctly every time
I got my shoulder harpooned by a 54 cal Hawken smoke stick once OWCH !

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Old October 27th, 2016, 11:52 AM   #41
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Per the US supreme court that would be correct. That ruling happened a few years ago where the police officer bought a pistol at a police discount that his father paid him to buy.
I can't find anything on that ruling - do you happen to have a link to that ruling with the Supreme Court? UPDATED I found the info......


Last edited by brassmagnet; October 27th, 2016 at 12:04 PM.
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Old October 27th, 2016, 11:52 AM   #42
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If your were intending to be Serious rather than Humorous...

That would Not be an Illegal 'Straw Man' Purchase as it is between Husband and Wife and there is really no legal prohibition whatsoever prohibiting the Husband in this scenario from having his Wife buy any legal firearm for Him...

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Not true, per BATFE. Take a look at the form where it asks, are you the actual purchaser.

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Old October 27th, 2016, 11:59 AM   #43
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I can't find anything on that ruling - do you happen to have a link to that ruling with the Supreme Court?
I'm on my cell so I can't get a link but I know it was like a one vote difference.

From my understanding it's a "crime" that's hard to prove as long as the parties keep their mouth shut. There is a question on the forms you fill out that says something like "is the owner going to be the person listed on he form" yes or no. Answering yes when the answer is no is what can be charged with. That's my basic understanding of it. So take from it what you will I'm not a lawyer.

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Old October 27th, 2016, 12:04 PM   #44
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My understanding is that BATFE has no objections to purchasing for a spouse or mate, as long as there is NO knowledge of them being a felon or unable to own a firearm for any other reason......

My question of the Supreme Court ruling is that - in that case a 4473 had been filed, and purchaser claimed it was for himself on the 4473. In my scenario, no 4473 has been generated by my brother - all he did was purchase/pay for the item, and have it shipped to an FFL dealer so as to make it available to an/the original and only buyer needing a BG check. None is required just to order an item and have it shipped to a dealer for transfer.......correct?

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Old October 27th, 2016, 12:35 PM   #45
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UNCLE !! I give up
Trying to decipher the alphabet boys hieroglyphics is a impossible task to attempt , even when they don't change up things daily

Shall NOT be infringed now that, I understand
Oh, I know , let's change that too

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