SWAG
08-22-2005, 08:37 PM
I must say that I am beside myself with grief about the absolutely hideous firearm transfer law! As you all (should) know, the Feds have 72 hours to either "proceed" or "deny" a firearms transfer delay. If the Feds drop the ball for whatever reason, after 72 hours the US citizen requesting the transfer can legally take ownership of the firearm.
However the law has left it up to the FFL holder's discretion (if they wish to release the firearm or not) after a 72 hour delay has been incurred:
"When a transaction is DELAYED, the FBI NICS Examiner begins extensive research on the potential prohibitor. When the research is complete, the FBI NICS Examiner calls the FFL and gives a PROCEED or DENY decision on the firearm transaction.
On the <span style="font-family:Arial">it is at the discretion of the FFL </span>whether to allow the firearm transfer. However, the NICS Section continues to research the case in an effort to obtain complete disposition information. Business days do not include the day the check was initiated Saturdays, Sundays, and any day state offices in the state of purchase are closed."
Who were those "brain dead" Congressmen or Congresswomen who voted for this Bill anyway? It doesn't really matter I suppose, because it is law. I tried to buy a rifle last week and incurred a "delay" with the NICS. After 4 days I asked for my rifle and was refused. Turns out that Scheels (here in the Midwest) has a policy to "deny" a buyer their firearm while their NICS is in a delay status. There was no reason for the delay other than the fact that Scheels either made a mistake in processing my NICS or the Feds did. It doesn't really matter who made the mistake, the fact is a law abiding citizen (me http://www.jesseshunting.com/forums/style_emoticons/<#EMO_DIR#>/smiley-patriotic-flagwaver-ani.gif ) was denied ownership of a firearm as afforded by the US Constitution -- 2nd Amendment!
I contacted the store manager and was told that Scheels (under Corporate Policy) will deny the transfer of the firearm if the NICS is in a delay status. http://www.jesseshunting.com/forums/style_emoticons/<#EMO_DIR#>/smiley-rant-mode.gif
I proceeded to ask how Scheels could possibly do that in light of the fact that they sell firearms, shooting supplies and hunting apparel. His reply was that corporate is worried about a lawsuit from someone who would use the firearm illegally. He went on to state that: "some people have been in a delay status for over six months and were "proceeded", yet others were in a delay status and then denied after a week (OH PLEASE MISTER MANAGER GIVE ME A BREAK! http://www.jesseshunting.com/forums/style_emoticons/<#EMO_DIR#>/lame-sign.gif )
I called Corporate in Fargo, ND and asked for the legal department. The Secretary asked me what I wanted. I told her and she hung up on me! I called the store manager back and told him to put his rifle where the sun won't shine! http://www.jesseshunting.com/forums/style_emoticons/<#EMO_DIR#>/smiley-far-sdie-guy-yellin.gif
I then proceeded to the local Gun Shoppe down the street a few blocks and bought my rifle (immediately proceeded) and then took my pride and joy home with me. http://www.jesseshunting.com/forums/style_emoticons/<#EMO_DIR#>/thumbs-up-ani.gif
You may ask (I was asked this very question several times) why that "loophole" in the law is detrimental. I mean after all, why does it matter if I am delayed a week, a month, or even a year from owning a firearm? The outcome is blatantly obvious I think. By now I am sure that the Feds certainly know that Scheels will deny a transaction in a delay status. My paranoid self can't help but think that the BATF would rather keep firearms out of the hands of law abiding citizens than regulate them. Far fetched? Well maybe so, but what would prohibit the Government from reacting this way if large corporations would bow to the FBI's lack of fiduciary responsibility?
I urge everyone to write their Congressmen immediately to close the "loop-hole" of this law and make it mandatory for FFL holders to proceed with a transaction after 72 hours of a delay. In addition, write to Scheels and let them know that you won't do business with them until they are willing to uphold our 2nd Amendment rights!
Scheel's All Sports
3202 13th Ave. South
Fargo, ND
(701) 298-2918
However the law has left it up to the FFL holder's discretion (if they wish to release the firearm or not) after a 72 hour delay has been incurred:
"When a transaction is DELAYED, the FBI NICS Examiner begins extensive research on the potential prohibitor. When the research is complete, the FBI NICS Examiner calls the FFL and gives a PROCEED or DENY decision on the firearm transaction.
On the <span style="font-family:Arial">it is at the discretion of the FFL </span>whether to allow the firearm transfer. However, the NICS Section continues to research the case in an effort to obtain complete disposition information. Business days do not include the day the check was initiated Saturdays, Sundays, and any day state offices in the state of purchase are closed."
Who were those "brain dead" Congressmen or Congresswomen who voted for this Bill anyway? It doesn't really matter I suppose, because it is law. I tried to buy a rifle last week and incurred a "delay" with the NICS. After 4 days I asked for my rifle and was refused. Turns out that Scheels (here in the Midwest) has a policy to "deny" a buyer their firearm while their NICS is in a delay status. There was no reason for the delay other than the fact that Scheels either made a mistake in processing my NICS or the Feds did. It doesn't really matter who made the mistake, the fact is a law abiding citizen (me http://www.jesseshunting.com/forums/style_emoticons/<#EMO_DIR#>/smiley-patriotic-flagwaver-ani.gif ) was denied ownership of a firearm as afforded by the US Constitution -- 2nd Amendment!
I contacted the store manager and was told that Scheels (under Corporate Policy) will deny the transfer of the firearm if the NICS is in a delay status. http://www.jesseshunting.com/forums/style_emoticons/<#EMO_DIR#>/smiley-rant-mode.gif
I proceeded to ask how Scheels could possibly do that in light of the fact that they sell firearms, shooting supplies and hunting apparel. His reply was that corporate is worried about a lawsuit from someone who would use the firearm illegally. He went on to state that: "some people have been in a delay status for over six months and were "proceeded", yet others were in a delay status and then denied after a week (OH PLEASE MISTER MANAGER GIVE ME A BREAK! http://www.jesseshunting.com/forums/style_emoticons/<#EMO_DIR#>/lame-sign.gif )
I called Corporate in Fargo, ND and asked for the legal department. The Secretary asked me what I wanted. I told her and she hung up on me! I called the store manager back and told him to put his rifle where the sun won't shine! http://www.jesseshunting.com/forums/style_emoticons/<#EMO_DIR#>/smiley-far-sdie-guy-yellin.gif
I then proceeded to the local Gun Shoppe down the street a few blocks and bought my rifle (immediately proceeded) and then took my pride and joy home with me. http://www.jesseshunting.com/forums/style_emoticons/<#EMO_DIR#>/thumbs-up-ani.gif
You may ask (I was asked this very question several times) why that "loophole" in the law is detrimental. I mean after all, why does it matter if I am delayed a week, a month, or even a year from owning a firearm? The outcome is blatantly obvious I think. By now I am sure that the Feds certainly know that Scheels will deny a transaction in a delay status. My paranoid self can't help but think that the BATF would rather keep firearms out of the hands of law abiding citizens than regulate them. Far fetched? Well maybe so, but what would prohibit the Government from reacting this way if large corporations would bow to the FBI's lack of fiduciary responsibility?
I urge everyone to write their Congressmen immediately to close the "loop-hole" of this law and make it mandatory for FFL holders to proceed with a transaction after 72 hours of a delay. In addition, write to Scheels and let them know that you won't do business with them until they are willing to uphold our 2nd Amendment rights!
Scheel's All Sports
3202 13th Ave. South
Fargo, ND
(701) 298-2918