Background check fail - Page 2

**44 AMP** · July 14, 2015, 04:19 PM

As I see it, the underlying problem with the "on hold until we make up our minds" concept is that it reverses the intent of the original law. Govt had a limited time to prove you were "guilty" (a prohibited person) and deny the sale. We accepted this, and its reversal of the general "innocent until proven guilty" standard as a compromise. And note that when the Fed "instant check" system came online, the fed 3 day wait went away. That was the deal.

How is it that 30+ years ago, with the tech at the time, 3 days was enough but today in the information age of computers, 3 days isn't enough anymore????

On one side, there is the "you have the right, unless the govt can give a valid reason to stop you (and a time limit for that)", and on the other side is "you don't have the right, until the govt approves you". (and the implied, wait cheerfully and silently and be grateful when we finally grant you this boon...)

Dreaming100Straight · July 14, 2015, 04:55 PM

It was worse in CA. Until recently the state DOJ sometimes took nearly two years to approve a sale. CalGuns foundation sued it and the suit was quickly mooted when CA changed it law so that it can only put a delivery on delay for 30 days, after which it won't comment as to whether or not a dealer may deliver. By doing so many dealers refuse to complete the sale out of concern they may endanger there license.

This happened to me recently, but I was fortunate to have bought from a dealer that delivers. It made no difference that I had bought two long guns in the previous three years. To add insult to injury, CA DOJ won't talk with you while you are delayed and even after I received my handgun it wouldn't say why I was delayed.

July 14, 2015, 04:19 PM	#26
44 AMP Staff Join Date: March 11, 2006 Location: Upper US Posts: 28,832	As I see it, the underlying problem with the "on hold until we make up our minds" concept is that it reverses the intent of the original law. Govt had a limited time to prove you were "guilty" (a prohibited person) and deny the sale. We accepted this, and its reversal of the general "innocent until proven guilty" standard as a compromise. And note that when the Fed "instant check" system came online, the fed 3 day wait went away. That was the deal. How is it that 30+ years ago, with the tech at the time, 3 days was enough but today in the information age of computers, 3 days isn't enough anymore???? On one side, there is the "you have the right, unless the govt can give a valid reason to stop you (and a time limit for that)", and on the other side is "you don't have the right, until the govt approves you". (and the implied, wait cheerfully and silently and be grateful when we finally grant you this boon...) __________________ All else being equal (and it almost never is) bigger bullets tend to work better.

July 14, 2015, 04:55 PM	#27
Dreaming100Straight Senior Member Join Date: February 3, 2013 Posts: 1,235	It was worse in CA. Until recently the state DOJ sometimes took nearly two years to approve a sale. CalGuns foundation sued it and the suit was quickly mooted when CA changed it law so that it can only put a delivery on delay for 30 days, after which it won't comment as to whether or not a dealer may deliver. By doing so many dealers refuse to complete the sale out of concern they may endanger there license. This happened to me recently, but I was fortunate to have bought from a dealer that delivers. It made no difference that I had bought two long guns in the previous three years. To add insult to injury, CA DOJ won't talk with you while you are delayed and even after I received my handgun it wouldn't say why I was delayed.