Jump to content
dbldune

NICS checks

Recommended Posts

Where did you find a PPQ? I'm still waiting on my NIC's and then I'll pick mine up. The wait is killing me. Enjoy your Q.

Gunbroker. Be patient and wait for the right one to come around. there are many on there but they all sell near 800$. I paid too much but I have it in my hands. This one is in 40 S&W.

 

Also you should join the Walther forums. Folks post when and where they happen to see one for sale. They are becoming more available too it seems.

Share this post


Link to post
Share on other sites

Gunbroker. Be patient and wait for the right one to come around. there are many on there but they all sell near 800$. I paid too much but I have it in my hands. This one is in 40 S&W.

 

Also you should join the Walther forums. Folks post when and where they happen to see one for sale. They are becoming more available too it seems.

 

I bought a 40 too...back in January. Paid $560+transfer fees. It's at my FFL. Given the current state of affairs me thinks I got a pretty good deal. Yep, already on the Walther forum. Let me know what you think of the Q when you gat a chance to shoot it.

Share this post


Link to post
Share on other sites

If this isn't resolved in a couple of months, time for a lawsuit.

 

Since the NJ2AS OEC is close to reaching its goal, would it be possible to start another campaign dedicated to fighting the aftermath of the current catastrophe? The campaign could be sufficiently flexible to allow for addressing the most pressing issues at the time of completion, which we can't necessarily anticipate at this time.

 

The moment a campaign thermometer goes up on the NJ2AS website, I'll ante up with $200.

Share this post


Link to post
Share on other sites

If this isn't resolved in a couple of months, time for a lawsuit.

 

Since the NJ2AS OEC is close to reaching its goal, would it be possible to start another campaign dedicated to fighting the aftermath of the current catastrophe? The campaign could be sufficiently flexible to allow for addressing the most pressing issues at the time of completion, which we can't necessarily anticipate at this time.

 

The moment a campaign thermometer goes up on the NJ2AS website, I'll ante up with $200.

 

I think the people who have applied for, paid for and undergone extensive background checks for the issuance of pistol purchase permits, waited an inordinate period of time in addition to the time allotted for issuance of said permits under the law, then limited in the execution of said permits under additional law by OGAM, then further denied their rights due to the expiration of said permits as a result of unacceptable delays incurred during the processing of the redundant so called "instant background check" that must be performed at the point of sale have sufficient standing to bring a civil rights case against the State of New Jersey for having been denied their civil rights under color of law. I would bet even the ACLU would love to jump on that one. Imagine if a state tried to make you do all that crap to vote, they would lose it!

Share this post


Link to post
Share on other sites

NICS Background check is controlled by USC 922(t)(1), which includes (B)(ii) that says if 3 days has passed with no rejection, FFL can proceed with transfer. But when have you ever heard an FFL do that?

 

Also USC 922(t)(3)(A) says if the buyer presents a permit that allows for possession and acquisition of firearm, and is issued less than 5 years ago, the NICS background check is not needed. But when have you ever heard an FFL look st your NJ FID and say, "Nope you are good. No background check for you."

 

NJ statutes concerning firearm transfer are in NJ Administrative Code title 18 chapter 54 1.3, and it just deals with FID and pistol permit, nothing about point-of-purchase background checks: those are all federal.

 

We are all waiting around for 10-23 days, when we really don't need to be. It is not the laws stopping the transfer: there is nobody to sue.

Share this post


Link to post
Share on other sites

I think the people who have applied for, paid for and undergone extensive background checks for the issuance of pistol purchase permits, waited an inordinate period of time in addition to the time allotted for issuance of said permits under the law, then limited in the execution of said permits under additional law by OGAM, then further denied their rights due to the expiration of said permits as a result of unacceptable delays incurred during the processing of the redundant so called "instant background check" that must be performed at the point of sale have sufficient standing to bring a civil rights case against the State of New Jersey for having been denied their civil rights under color of law. I would bet even the ACLU would love to jump on that one. Imagine if a state tried to make you do all that crap to vote, they would lose it!

OK, then lets start a NICS fund now. It's still going to cost money. And at any rate, it's going to take time to gather a class group and file.

 

I like your ACLU comment. It state explicitly on their web site that even after Heller, they think 2A is still a "collective right." I guess, they see Heller as just a provocative suggestion to start off spirited national "conversation."

 

Maybe if they delayed arms purchases by the Nationa Guard, that would spur them to defend our collective rights. Or maybe not, since the truth is, they just hate guns, because there's no place for guns in a peaceful utopia.

Share this post


Link to post
Share on other sites

NICS Background check is controlled by USC 922(t)(1), which includes (B)(ii) that says if 3 days has passed with no rejection, FFL can proceed with transfer. But when have you ever heard an FFL do that?

 

Also USC 922(t)(3)(A) says if the buyer presents a permit that allows for possession and acquisition of firearm, and is issued less than 5 years ago, the NICS background check is not needed. But when have you ever heard an FFL look st your NJ FID and say, "Nope you are good. No background check for you."

 

NJ statutes concerning firearm transfer are in NJ Administrative Code title 18 chapter 54 1.3, and it just deals with FID and pistol permit, nothing about point-of-purchase background checks: those are all federal.

 

We are all waiting around for 10-23 days, when we really don't need to be. It is not the laws stopping the transfer: there is nobody to sue.

OK, then maybe we can sue an FFL (with a wink and a nod) under the claim that they are arbitrarily denying us our rights and have a court mandate that they follow the law.

I'm sure any court in the state would stand up against this blatant civil rights violation. :fan:

Share this post


Link to post
Share on other sites

Do they call back FFLs on Saturdays?

 

Yes they do. WE receive most of our calls either first thing in the morning or right before we close in the evening.

 

NICS Background check is controlled by USC 922(t)(1), which includes (B)(ii) that says if 3 days has passed with no rejection, FFL can proceed with transfer. But when have you ever heard an FFL do that?

 

Also USC 922(t)(3)(A) says if the buyer presents a permit that allows for possession and acquisition of firearm, and is issued less than 5 years ago, the NICS background check is not needed. But when have you ever heard an FFL look st your NJ FID and say, "Nope you are good. No background check for you."

 

NJ statutes concerning firearm transfer are in NJ Administrative Code title 18 chapter 54 1.3, and it just deals with FID and pistol permit, nothing about point-of-purchase background checks: those are all federal.

 

We are all waiting around for 10-23 days, when we really don't need to be. It is not the laws stopping the transfer: there is nobody to sue.

 

We have been through this before in the other 400 NICS threads we have had. That is only if you receive the response : delayed. It does not mean a delay in running the check. It usually does mean something in your background is cause for more investigation. I'd know I run about 20 NICS checks a week.

Share this post


Link to post
Share on other sites

We have been through this before in the other 400 NICS threads we have had. That is only if you receive the response : delayed. It does not mean a delay in running the check. It usually does mean something in your background is cause for more investigation. I'd know I run about 20 NICS checks a week.

 

I certainly don't mean to tell anybody their business. Your operation is your business, and your sales is between you and your customer. And certainly it is wise to take direction from ATF and FBI, rather than try to adjudicate it yourself.

 

(t) is controlling section.

(A) is FFL calling NICS

(B)(i) is an unique id, with final determination.

(ii) is the 3 business days without a rejection.

 

It is also defined as "open" transaction under 28 Code of Federal Regulations part 25.2.

 

A 'delayed' response necessarily puts the transaction into 'open' status.

 

An 'open' transaction is simply non-cancelled and without final determination, and does not owe its definition to an initial 'delayed' response. Open response does not prohibit transfer after 3 days: per FBI it is FFL discretion.

 

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

www.law.cornell.edu/cfr/text/28/25.2

 

 

 

codes.lp.findlaw.com/uscode/18/I/44/922

 

(t)(1) Beginning on the date that is 30 days after the Attorney

General notifies licensees under section 103(d) of the Brady

Handgun Violence Prevention Act that the national instant criminal

background check system is established, a licensed importer,

licensed manufacturer, or licensed dealer shall not transfer a

firearm to any other person who is not licensed under this chapter,

unless -

(A) before the completion of the transfer, the licensee

contacts the national instant criminal background check system

established under section 103 of that Act;

(B)(i) the system provides the licensee with a unique

identification number; or

(ii) 3 business days (meaning a day on which State offices are

open) have elapsed since the licensee contacted the system, and

the system has not notified the licensee that the receipt of a

firearm by such other person would violate subsection (g) or (n)

of this section; and

© the transferor has verified the identity of the transferee

by examining a valid identification document (as defined in

section 1028(d) of this title) of the transferee containing a

photograph of the transferee.

Share this post


Link to post
Share on other sites

That's true. The Brady law provides an FFL use discretion after 3 days had passed without an approval and upon verifying photo ID of purchaser. The "delayed" response is another separate 3 day rule.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

  • Recently Browsing   0 members

    No registered users viewing this page.



×
×
  • Create New...