30 Day Background Check

[GlockZ]

As an unfortunate resident of NJ, I can say that a 30 day background check can and has become ridiculous. Here to purchase a rifle or shotgun you need an FID card and a permit for each pistol you wish to purchase. State law states that it can take a maximum of 30 days and no longer. The truth is, right now people have been waiting an average of 8-10 months for a pistol permit, their FID card, or a change of address on their FID card. When you complain, They mysteriously and temporarily lose your application. The State has instituted an online application process which was said would streamline and make the process much faster, and this part is true, it has, the State has done it's part and now ships your information with the background check complete to your local PD,( all done in as little as a few days), and that is where it sits, until they get to it. One's best hope is that their local PD's detective's bureau have a few "slow" days, where they can get to the applications and fill their day with "busy" work. Mind you, not that I am ever in a rush, but still at the same time, if the State requires you to follow the law and the process, I feel that the State should also follow it as well. So no, I think this is a bad idea.

 

[utah400elk]

If the 3 day maximum is working, why do we need a 30 day max wait?

Well over 100 K times a year, prohibited people are getting firearms through the NICS delayed denial. If there is not a resolution to the federal background check within 3 days the firearm is transferred. This is a significant drain on LE resources wherein they are then required to go retrieve the firearm. These retrieval’s are often contentious and dangerous for LE. The 30 days is intended to help prevent these from happening.

Many of the individual states have prolonged waiting periods that have nothing to do with the federal NICS process. It seems like people are confusing the two processes. When I moved to VA, I had to wait 30 days to pickup my most recent firearm. It sucked! I still had to go through the federal NICS background. It took all of about one minute...after the state mandated 30 days.
Good luck in the draws.

 

[Deleted member 28227]

As an unfortunate resident of NJ, I can say that a 30 day background check can and has become ridiculous. Here to purchase a rifle or shotgun you need an FID card and a permit for each pistol you wish to purchase. State law states that it can take a maximum of 30 days and no longer. The truth is, right now people have been waiting an average of 8-10 months for a pistol permit, their FID card, or a change of address on their FID card. When you complain, They mysteriously and temporarily lose your application. The State has instituted an online application process which was said would streamline and make the process much faster, and this part is true, it has, the State has done it's part and now ships your information with the background check complete to your local PD,( all done in as little as a few days), and that is where it sits, until they get to it. One's best hope is that their local PD's detective's bureau have a few "slow" days, where they can get to the applications and fill their day with "busy" work. Mind you, not that I am ever in a rush, but still at the same time, if the State requires you to follow the law and the process, I feel that the State should also follow it as well. So no, I think this is a bad idea.

The transfer to local police is the part that drive's me insane. MA does the same thing, I don't like the licensing process but why bring your town police in at all. In MA there are apparently towns with police chiefs that are antagonist to gun owners to the point that when you take your required firearms safety course the instructor provides you a color coded list of towns in the state; green will issue, yellow might issue, red will not issue.

Not much recourse if you live in a red town.

 

[OntarioHunter]

Agree. Make them register like the sex offenders have to register.

How would that work? "If you have an offender card, show it to me before I sell you a gun?" Huh? Of course that won't work. Maybe we should just brand their forehead with a thumbs down symbol.

It makes sense for individuals wanting to purchase a gun to prove they are capable, competent, and/or legally eligible to own one, especially nowadays when many guns are designed to be mass killing machines. It does not make sense that they should be required to prove they are NOT competent, capable, or legally entitled. This is the purpose of your background check and our PAL license. The PAL license just makes it a lot easier. It would be nice to eliminate buying through FFL dealers. Licensing gun owning individuals rather than dealers makes a helluva lot more sense.

Here the vendor calls the federal license registry to ensure the purchaser's possession license is still valid. I have watched them do it at the gun shop. Takes a minute or two.

I have only purchased two guns privately here: a Browning A5 Magnum to replace 870 Wingmaster when my retinas started to fall apart and then another to replace it when a dislodged primer tore a chunk out of the receiver. Both guns were private purchases and both vendors were required to ensure I had a valid license. I don't know if the vendors called in to check the numbers but they could have. The gun nuts at the trap club tell me they always check when selling to someone they don't know.

 

[3855WIN]

Well over 100 K times a year, prohibited people are getting firearms through the NICS delayed denial. If there is not a resolution to the federal background check within 3 days the firearm is transferred. This is a significant drain on LE resources wherein they are then required to go retrieve the firearm. These retrieval’s are often contentious and dangerous for LE. The 30 days is intended to help prevent these from happening.

Many of the individual states have prolonged waiting periods that have nothing to do with the federal NICS process. It seems like people are confusing the two processes. When I moved to VA, I had to wait 30 days to pickup my most recent firearm. It sucked! I still had to go through the federal NICS background. It took all of about one minute...after the state mandated 30 days.
Good luck in the draws.

Sounds like those dangerous and contentious folks don’t need to be out on the street to begin with.

 

[noharleyyet]

The institutionalizing of endgame policy by a thousand cuts strategy....

 

[Bowhunter999]

The institutionalizing of endgame policy by a thousand cuts strategy....

It is these ‘thousand cuts’ that appear to be of little harm, but when combined with such others, they make a ‘ant hill’ which becomes hard to climb. It all depends on the patience the opposition has to accomplish their destruction of the 2A !

 

[brownbear932008]

Sounds like those dangerous and contentious folks don’t need to be out on the street to begin with.

I totally agree 110%. But as we all know it just doesn't work that way and reality is there are thousands of them out there. Your lucky if you can get a criminal locked up 30 days in our justice system on a local or state level. Not enough room to house them all.

 

[GlockZ]

The transfer to local police is the part that drive's me insane. MA does the same thing, I don't like the licensing process but why bring your town police in at all. In MA there are apparently towns with police chiefs that are antagonist to gun owners to the point that when you take your required firearms safety course the instructor provides you a color coded list of towns in the state; green will issue, yellow might issue, red will not issue.

Not much recourse if you live in a red town.

We have the same issue here, you have police chiefs that are anti-2A in some towns and make the process as difficult as possible, I am lucky, because in my town the PD as a whole are decent and try their best to process ones request, one detective told me that truthfully they are overwhelmed with requests for permits & FID cards, but they are doing their best. Right now with the turmoil in this country of ours for the last few years and next few as far as one can see, I can only assume this is the new norm here in my state. Hope the situation in MA gets better for you.

 

[Trial153]

And then you have wing nuts like this

Rep. Andrew Clyde's Big Idea: Restore Second Amendment and eliminate all taxes on firearms

Georgia GOP Rep. Andrew Clyde brings to Congress a deep understanding of federal firearms laws, as a licensed gun store owner for the last 30 years.

www.foxnews.com

 

[Pmacc60]

My son just had his income taxes done and his return got kicked back immediately , his ex dead beat wife took one of the boys as a deduction even though he has full custody and has it in the divorce agreement that he claims them. My point is if the government benefits they can do back ground checks immediately !

 

[magtech]

The fact their is even a discussion here shows 2 points. A. You don't understand what a right is. B. You aspire to relinquish your freedom.

Congrats you are part of the downfall of America.

 

[TXLonghorn]

The institutionalizing of endgame policy by a thousand cuts strategy....

Noharey nailed it. Its not about government making the world a safer place for the citizen with 30 day background checks. Its about an agenda. Today, 30 day wait, next year 180 days, year after that 1 year, and then-Never.
Death by a Thousand Cuts.
If we as citizens allow even incremental limits on rights it never stops until the gov has them all and you have none.
History of the world is clear on this.

 

[SaskHunter]

Wow! If Canada has a better firearms policy, it hasn't been made public yet.

It isn't, not even by a stretch of the imagination.

That being said, some aspects of our laws are better, overall though, definitely no.

 

[WyoBound]

If we can attempt to keep this a reasonable discussion.

I'm on the fence on this one. I've never been in a position where I had to purchase a firearm quickly. I apply for hunts, months in advance and usually have my gear dialed long before I'm hitting the road.

I can see a gun being lost or destroyed on a hunt and needing to get a quick replacement or perhaps a last minute opportunity.

Generally speaking I'm just not a spur of the moment purchaser of anything, I bug people on the forum about stuff like tents years before I actually buy one.

Aside from the "it's my right" argument, which I understand and am not debating, what other parts of this issue am I missing, what's in my blind spot?

I'm concerned about the constant creep on gun rights. Was 0 days, then 3, soon 30, then what? No appeal probably. Sherriff's discretion? Single shots only? Back to muzzleloaders, but only 32 caliber?

This issue here is really a staffing issue with FBI and courts. They have the data. They don't act on it. Remember, these are GOVERNEMENT employees. If they have 3 days, they'' take 3 days. If they have 30, those papers will sit there for 30 days. The person applying either does or does not have a record with the FBI, commonly gleaned from the states, as to whether the person is prohibited. The records are all coded. Its pretty black and white. This issue is if certain convictions were never recorded, and all the time in the world won't change that.

 

[OntarioHunter]

It isn't, not even by a stretch of the imagination.

That being said, some aspects of our laws are better, overall though, definitely no.

It is my understanding any American can get a Canadian PAL license and mail order guns up here (to a Canadian address). I imagine they might have to pay a bit more for background check in US. No one can mail order a gun in US without going through a FFL dealer. And you can't buy a gun down there because you're not US. Hell, I can't buy a gun down there even though I'm a US citizen ... because they won't do background checks for Canadian residents. So much for my "constitutional right". Oh well. I can bring my guns with me when I go down there, no problem. Then my constitutional right suddenly holds up. Kinda comical.

 

[dht]

There are over 20,000 gun laws out there. Criminals will not obey laws. It is about control in my humble opinion. The only people obeying gun laws are the people that don't want to get in trouble. 2A is a right and should not be treated as a privilege.

 

[TXLonghorn]

There are over 20,000 gun laws out there. Criminals will not obey laws. It is about control in my humble opinion. The only people obeying gun laws are the people that don't want to get in trouble. 2A is a right and should not be treated as a privilege.

Your right. These gun laws are like locked gates. A locked gate only keeps the honest man out. There is no “Gun Law” in any country that will keep guns out of the hands of criminals. Because, wait for it........They’re criminals!
Any law only applies to the honest population.

 

[Pmacc60]

It is my understanding any American can get a Canadian PAL license and mail order guns up here (to a Canadian address). I imagine they might have to pay a bit more for background check in US. No one can mail order a gun in US without going through a FFL dealer. And you can't buy a gun down there because you're not US. Hell, I can't buy a gun down there even though I'm a US citizen ... because they won't do background checks for Canadian residents. So much for my "constitutional right". Oh well. I can bring my guns with me when I go down there, no problem. Then my constitutional right suddenly holds up. Kinda comical.

It’s not comical at all , it’s a ever growing desecration of the Constitution !

 

[Otto Matic]

Just say, "NO!" to any more "gun" laws!

Never give an inch to the anti gun crowd!

My "opinion" is start by repealing the GCA '34 and everything that's been passed since then.

The GCA '34 was passed when the "legislative" ran head long into the Constitution and realized they couldn't "ban" any particular weapon, so they just taxed the crap out of them.
Go back and compare Hitler's GCA '38 with LBJ's GCA '68.
Almost identical.

Tell "Bozo" O'Rourke, "Hell no you're not getting my AR! Not peaceably!"