Legal Question
Contributors to this thread:Colorado
From: Stix
20-Apr-21
Purchasing a new firearm from a local shop. Currently the CBI background check is running 5 days, due to volume of sales. The law says that the purchase can proceed after 3 days if no approval due to a delay, law enforcement will retrieve firearm if background check is rejected. Shopkeeper says it is their policy to wait until an official approval is given. Some of the checks have gone 10+ days due to volume of sales.
Question, can he set his own policy on background check wait time, and can I demand firearm after 3 days?
From: JohnMC
20-Apr-21
He can sale or not sale to you for what ever reason he wants. Assuming of course he meets the minimum standard of the law. If you don't like it you can go to another gun shop.
From: JohnMC
20-Apr-21
From: Longcruise
20-Apr-21
I think he can. If he has seen enough rejections he probably doesn't want to be the center of the retrieval efforts by the cops. I'd not deliver it unless it cleared.
From: Stix
20-Apr-21
Ok, I guess my question is if his policy can contradict the law. Every Google search I made,has conflicting answers. I know there is a lawyer or two that monitors this forum.
From: JohnMC
20-Apr-21
Tell him your queer and need it for your gay wedding, then he can’t deny you service.
From: txhunter58
20-Apr-21
I am not a lawyer, but can respond as a businessman. In today’s climate, if I owned a gun shop, I would wait to hear that you actually passed. If you forced me to sell a gun to you sooner due to the letter of the law, that would be the last thing you ever bought from me.
I suppose there are reasons you might REALLY need it sooner, but odds are you don’t. So just wait your turn.
From: txhunter58
20-Apr-21
From: txhunter58
20-Apr-21
From: EMar47
20-Apr-21
I work part-time for a store that has an FFL and posed this question to the person whose name is actually on the FFL. He said this law applies to how long the actual background check takes, not your time in the queue. Most times the actual background takes about 3-5 minutes, unless you have an extremely common name and birthdate and they need to dive in a little more. In other words if they begin your actual background check and begin looking into you and it takes longer than three days, you are legally allowed to take the firearm.
From: Stix
20-Apr-21
Got it. Makes sense. All my other checks have taken 5 mins, I was a little surprised when they told me averaging 5 days.
From: tradi-doerr
20-Apr-21
Steve, EMar47 is correct, the three day law is when the background is being conducted, not while waiting in queue. I work PT in the hunting dept. at Sportsman's and see this all the time, yesterday there were 6700+ in the queue waiting to start the back ground.
From: Glunt@work
20-Apr-21
In WY your concealed carry permit clears you for purchase with no further check. Too simple and logical I suppose.
From: soccern23ny
22-Apr-21
Yes...
"The law says that the purchase can proceed after 3 days if no approval due to a delay"
"CAN proceed" meaning it does not have to, which means it's up to the shop owner. You can pass the background check and they last minute can decide to not sell you the firearm also.
